LAWS(BOM)-2024-2-55

MAHESH VINAYAK KHANJOLKAR Vs. STATE OF MAHARASHTRA

Decided On February 23, 2024
Mahesh Vinayak Khanjolkar Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) This Appeal is filed under Sec. 374(2) of the Code of Criminal Procedure against the Judgment and Order dtd. 6/3/2019 passed by the learned Additional Sessions Judge, Amalner in Sessions Case No. 10 of 2017 convicting the Appellants for the offence punishable under Ss. 364A and 120B of the Indian Penal Code and sentencing them to suffer imprisonment for life and pay fine of Rs.3,000.00, each, in default, suffer simple imprisonment for three months. The learned trial Court acquitted the Appellants for the offence punishable under Ss. 363, 385, 387, 323 and 504 of the Indian Penal Code.

(2.) The Prosecution's case as revealed from the Police Report is as under : -

(3.) The learned trial Court framed the Charge against the Appellants for the offence punishable under Ss. 363, 364A, 385, 387, 323, 506 r/w 34 and 120B of the Indian Penal Code vide Exh. 13, to which the Appellants pleaded not guilty and claimed to be tried. To prove the Charge, the prosecution examined in all 9 (nine) witnesses and brought on record the relevant documents. After the prosecution closed its evidence, the statement of the Appellants came to be recorded under Sec. 313(1)(b) of the Code of Criminal Procedure. The Appellants denied the prosecution's case and evidence. On appreciation of the evidence on record, the learned trial Court passed the impugned Judgment and Order.