SURYAKANT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellant No.1 Suryanakt Chandrakant Gade and Appellant No.2 Shashikant Chandrakant Gade (original Accused Nos.1 and 2 respectively, hereafter referred as "accused No.1" and "accused No.2") were prosecuted before the Additional Sessions Judge, Kopargaon in Sessions Case No.118 of 1993 for offence punishable under Section 307, 326 read with 34 of the Indian Penal Code, 1860 ('I.P.C.' in brief). They have been convicted for offence under Section 307 and 325, both read with Section 34 of I.P.C. For offence under Section 307 of I.P.C. each of them has been sentenced to suffer rigorous imprisonment for four years and fine of Rs.5000/, in default to suffer simple imprisonment for one year, and for offence under Section 325 of I.P.C., each of them has been sentenced to suffer rigorous imprisonment for one year and fine of Rs.2000/, in default to suffer simple imprisonment for four months. The Substantive sentences are to run concurrently. The trial Court directed the amount deposited by the accused to be paid as compensation to the victim Rajendra Laxman Gade. Thus, this Appeal.

(2.) The case of prosecution in short, is as under:

(3.) Charge was framed under Section 307, 326 read with 34 of I.P.C. against both the accused.