MOHAMMED ALI HASAN SIDDIQUI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) CRIMINAL Appeal No.515 of 2000 and Criminal Appeal No.572 of 2000 arise out of the judgment and order dated 29.4.1999 passed by the III Additional Sessions Judge, Thane in Sessions Case No.522 of 1996. Appeal No.515 of 2000 is filed by original accused No.1 and Appeal No.572 of 2000 is filed by original accused Nos.2 and 4. The three appellants are hereinafter referred to as "accused Nos.1, 2 and 4" for the sake of convenience.

(2.) (i). All these three accused have been convicted under Section 364 read with Section 34 of Indian Penal Code, Section 302 of Indian Penal Code and Section 201 read with Section 34 of Indian Penal Code. For these three offences, they have been sentenced to suffer RI for seven years, imprisonment for life and RI for two years respectively. They have also been fined for each of the three offences and have been directed to pay a fine of Rs.5,000.00, Rs.7,000.00 and Rs.1,000.00 and in default, have been directed to undergo SI for six months, three months and further three months. (ii). Accused Nos.1, 2 and 4 (as well as accused No.3) were additionally found guilty under Section 386 read with Section 34 of IPC and were sentenced to suffer RI for five years. They were directed to pay a fine of Rs.2,000.00 additionally and in default, they had to suffer SI for three months. (iii). These substantive sentences were to run concurrently. (iv). Accused No.3 was acquitted of offences under Sections 364, 302 and 201 read with Section 34 of Indian Penal Code.

(3.) THE questions which arise for our determination are as follows:-