RAJENDRA DADA ZARGAD Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants original accused nos.1 and 4 have preferred this appeal against the judgment and order dated 12.4.2012 passed by the learned Additional Sessions Judge, Baramati in Sessions Case No. 105 of 2009. By the said judgment and order, the learned Sessions Judge convicted the appellants under Section 302 read with Section 149 of IPC and under Section 307 read with Section 149 of IPC. For the offence under Section 302 read with Section 149 of IPC, both the appellants were sentenced to life imprisonment and to pay a fine of Rs.2,000/- each in default to suffer further R.I. for three months. For the offence under Section 307 read with Section 149 of IPC, both the appellants were sentenced to R.I. for seven years and to pay a fine of Rs.1000/- each in default to suffer further R.I. for three months.

(2.) The prosecution case, briefly stated, is as under:

(3.) Charge came to be framed against the appellants original accused nos.1 and 4 and other accused under Sections 302, 307, 147, 148, 452, 504 and 506 read with Section 149 of IPC. The accused pleaded not guilty to the said charge and claimed to be tried. Their defence is that of total denial and false implication. After going through the evidence adduced in the present case, the learned Judge convicted and sentenced the appellants as stated in para 1 above, hence, this appeal. As far as other accused are concerned, the learned Judge acquitted the original accused nos. 7 to 12 of the offences with which they were charged and the original accused nos. 2, 3, 5 and 6 along with the appellants were convicted under Section 307 read with Section 149 of IPC.