VIKAS AND ORS. Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellants, in all these three appeals, assail the Judgment and order dated 7th February, 2013, passed by the Ad -hoc Additional Sessions Judge -1, Nagpur, in Session Case No. 401 of 2012 thereby convicting the appellants for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code and sentencing them to suffer imprisonment for life and to pay a fine of Rs. 3000/ - each and in default to suffer further rigorous imprisonment for three months.

(2.) THE prosecution story, in brief, as could be gathered from the material placed on record, appears to be thus: -

(3.) AFTER the conclusion of the investigation, charge sheet came to be filed in the Court of the learned Judicial Magistrate, First Class, Nagpur for the offence punishable under Section 302 read with section 34 of the Indian Penal Code. Since the case was exclusively triable by the Court of Sessions, the case was committed to the Court of learned Sessions Judge, Nagpur. The charges came to be framed for the offence punishable under Section 302 read with section 34 of the Indian Penal Code. The accused pleaded not guilty and claimed to be tried. At the conclusion of the trial, the learned trial Judge has passed the order of conviction and sentence as aforesaid. Being aggrieved, the present appeal.