LAWS(BOM)-2015-5-38

THE STATE OF MAHARASHTRA Vs. DNYANESHWAR AND ORS.

Decided On May 06, 2015
THE STATE OF MAHARASHTRA Appellant
V/S
Dnyaneshwar And Ors. Respondents

JUDGEMENT

(1.) We are, in this case, concerned with the gruesome murder of 21 years old Dalit youth, by name Rohidas Pandit Tupe, for which, the trial court has imposed the sentence of life imprisonment to seven persons, who are appellants before this court. This is a bunch of five criminal appeals arising out of Session Trial No. 191/2009.

(2.) Criminal appeal No. 394/2012 is filed by the State, challenging the acquittal of Accused No. 1 to 6 and Accused No. 66 for the offences punishable under Section 3(2)(v) of the Scheduled Castes, Scheduled Tribes (Prevention of Atrocities) Act(for short, Atrocities Act).

(3.) Criminal Appeal No. 397/2012 is also filed by State whereby the State has challenged the quantum of punishment awarded to the convicts in the aforesaid Sessions Trial. According to the State, capital punishment ought to have been awarded to the accused instead of punishment of life imprisonment. Thus, this is an appeal for enhancement of the sentence.