SHISHUPAL RAHUL RATHOD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both these Appeals are decided by this common Judgment because these Appeals arise out of the same impugned Judgment and Order passed in the same Sessions Case.

(2.) The Appellant in Criminal Appeal No.981/2017 - Shishupal Rathod was the original Accused No.1 and the Appellant in Criminal Appeal No.307 of 2019 - Amit Rajput was the original Accused No.2 in Sessions Case No.168/2015 before the learned Additional Sessions Judge, Pune. For the sake of convenience, both the Appellants are referred to by their original status before the trial Court as 'the Accused No.1' and 'the Accused No.2' respectively.

(3.) The learned Additional Sessions Judge, Pune vide the Judgment and Order dtd. 31/10/2017 passed in Sessions Case No. 168/2015, convicted both the Accused for commission of the offence punishable under Sec. 302 read with 34 of the Indian Penal Code, 1860 and sentenced them to suffer imprisonment for life and to pay a fine of Rs.2,000.00 and in default to suffer S.I. for three months. They were granted set-off under Sec. 428 of Cr.P.C.