MANGESH MADHORAO KAPATE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THESE two appeals, since arise out of the judgment delivered by learned Additional Sessions Judge, Nagpur dated 3 -8 -2011 in Special Case No. 28/2008, were taken up simultaneously for hearing and they are being decided by this common judgment.

(2.) CRIMINAL Appeal No. 230/2012 is filed by Mangesh Madhavrao Kapate, who was accused No. 1 before the Court below. He is convicted by learned Additional Sessions Judge, Nagpur for the offence punishable under section 363 of the Indian Penal Code and on that count is directed to suffer rigorous imprisonment for three years and to pay a fine of Rs.1,000/ - and in default to suffer rigorous imprisonment for three months.

(3.) APPELLANT -Sham Subhashrao Kase, who is appellant in Criminal Appeal No. 234/2012 is convicted by the learned Court below for the offence punishable under section 376(2)(g) of the Indian Penal Code and is sentenced to undergo imprisonment for life and to pay a fine of Rs.4,000/ - in default to undergo rigorous imprisonment for three months.