JAGANNATH AND ORS. Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is filed by the appellants, aggrieved by the Judgment and Order dated 7th February, 2012 passed by the Additional Sessions Judge, Shahada in Sessions Case No. 46/2005, thereby convicting the appellants for the offence punishable under Section 302 r/w section 34 of I.P. Code.

(2.) The case of the prosecution, in brief, is as under :

(3.) After fullfledged trial, the trial Court convicted the accused nos.1, 2 and 3 appellants herein, for the offence punishable under Section 302 r/w section 34 of the I.P. Code, in respect of death of Dharamdas Shantaram Patil and each of them is sentenced to suffer rigorous life imprisonment and also sentenced to pay fine of Rs. 2,000/ by each of them, in default of payment of fine, to suffer rigorous imprisonment for six months each. The trial Court also convicted the accused nos. 1, 2 and 3 appellants herein, for the offence punishable under section 302 r/w section 34 of I.P. Code, in respect of death of Shantaram Shidya Patil and each of them is sentenced to suffer rigorous life imprisonment and also to pay fine of Rs. 2,000/ by each of them, in default of payment of fine to suffer rigorous imprisonment for six months each. The trial Court has acquitted the accused nos. 1 to 5 for the offences punishable under Section 147, 148, 307 and 504 r/w section 149 of I.P. Code.