PINTYA BALU MAIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant/Original Accused No. 4, who stands convicted for offence punishable under Sections 364, 366 red with Section 34, 376(2)(G) read with Section 34, 302 read with Section 34, 201 read with Section 34 and-504(2) read with Section 34 of the IPC and sentenced to imprisonment for life and to pay a fine of Rs. 1,000/-, in default of which to undergo RI for three years, RI for ten years and to pay a fine of Rs. 1000/-, in default of which to undergo RI for two years and imprisonment for life and to pay a fine of Rs. 1000/- in default of which to undergo RI for three years, RI for three years and to pay a fine of Rs. 500/-, in default of which to undergo RI for six months and RI for one year and to pay a fine of Rs. 200/-, in default of which to undergo RI for one month, with a direction that the substantive sentences shall run concurrently, by the Ad-hoc Additional Sessions Judge-1, Malegaon, by judgment dated 10/07/2007, in Sessions Case No. 71 of 2006, by this appeal questions the correctness of his conviction and sentence. This appeal was admitted by this court on 25/3/2010. Subsequently, the appellant/original accused No. 4 filed an application i.e. Criminal Application No. 50 of 2014 through jail praying for expediting the hearing of the appeal. During the hearing of the said application, it was pointed out to us that the appellant had been in jail since 2005 and had undergone nearly nine years of imprisonment. In that light, therefore, this court directed the expeditious hearing of the appeal, though the appeal was of the year 2010 and also directed that the appeal be added to the hearing board from 3/3/2014. This how this appeal, which is of the year 2010, is being heard by us.

(2.) Facts in brief as are necessary for the decision of this appeal may briefly be stated thus:--

(3.) On committal of the case to Court of Sessions, trial court vide Exh. 6, framed charge against the accused for offence punishable under Sections 364 read with 34, 366 read with 34, 376(2)(G) read with 34, 302 read with 34, 201 read with 34, 323 read with 34, 504 read with 34 and 506 read with 34 of IPC. The appellant and other accused denied their guilt and claimed to be tried. Prosecution, in support of its case, examined 12 witnesses. The trial court, upon appreciation of the evidence of the prosecution, convicted and sentenced the appellant and the other accused as afore-stated.