PRALHAD RAMJI SURJUSE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Mr. M. R. Daga, Advocate for the appellants and Mr. Mirza, A. P. P. for the respondent-State.

(2.) ALL the three accused-appellants have been convicted by the IInd Additional Sessions Judge and Special Judge, Amravati for the offence punishable under section 302 r/w 34 of the Indian Penal Code and they have been sentenced to suffer life imprisonment and to pay a fine of Rs. 100/- each and in default of payment of fine, they shall suffer rigorous imprisonment for one month more. Further by the said judgment, all the accused were acquitted for the offence punishable under sections 498-A, 304-B r/w, section 34 of the indian Penal Code.

(3.) MR. Daga, the learned Counsel for the accused appellants made only one submission that originally the charges under sections 304-B and 498-A r/w 34 of the Indian Penal Code were framed against the accused-appellants and the trial proceeded in its entirety against both the charges. However, on the date of arguments, the learned prosecutor before the trial Court filed an application for framing additional charge under section 302 of the Indian penal Code. The learned Sessions Judge allowed that application and framed additional charge under section 302 r/w 34 of the Indian Penal Code and recorded plea of the accused and thereafter, prosecution filed a pursis vide exh. 91 that the prosecution does not want to lead any further evidence after framing of the additional charge. Thereafter, the Counsel for the accused i. e. defence Counsel also filed its pursis vide Exh. 92 to the effect that the accused does not want to lead any defence evidence after framing additional charge under section 302 r/w 34 of the Indian Penal Code. Then the learned sessions Judge heard arguments of both the Advocates on merits and on the next date i. e. on 15th September, 1999 delivered the judgment convicting the accused under section 302 r/w 34 of the Indian Penal Code and acquitted them under sections 498-A and 304-B r/w 34 of the Indian Penal Code.