KAILASH UPENDRA GIRI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal filed by the original accused Nos. 1 and 2 in sessions Case No. 766 of 1996 impugning the judgment and order passed by the Additional sessions Judge, Greater Bombay on 17-8-1999 in the said case, convicting these accused of offences punishable under Sections 449, 450, 302 read with 34, 394 and 397 of the Indian penal Code. For the offence under Section 449 they have been sentenced to suffer R. I. for 3-years. For the offence under section 450 they are sentenced to suffer R. I. for 2-years. For the offence under section 302 read with 34 of the Indian Penal Code they are sentenced to suffer R. I. for life and to pay a fine of Rs. 5000/- each in default to suffer R. I. for 1-year. For the offence under Section 394 they are sentenced to suffer R. I. for 5-years and to pay a fine of Rs. 2000/- in default to suffer R. I. for 6- months. For the offence under Section-397 they are sentenced to suffer R. I. for 7-years. It has been directed that all the substantive sentences are to run concurrently.

(2.) The brief facts of the prosecution case are as under :

(3.) At the stage of the trial the prosecution examined as many as 23- witnesses. Several documents were produced by the prosecution in support of its case. The statements of the three accused came to be recorded under Section 313 of the Criminal procedure Code.