SHREEKANT YALLAPPA DOIFODE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both these Appeals are decided by this common Judgment because they arise out of the same Judgment and order dtd. 26/8/2014 passed by the learned Sessions Judge, Kolhapur, in Sessions Case No.124 of 2011. By the impugned Judgment and order, the Appellants in Criminal Appeal No.780 of 2014 were convicted and the Respondent Nos.1 to 3 in Criminal Appeal No.132 of 2015 were acquitted. The convicted accused have preferred Criminal Appeal No.780 of 2014 against the Judgment and order of conviction and sentence and the State of Maharashtra has preferred Criminal Appeal No.132 of 2015 against the acquittal of the Respondent Nos.1 to 3. For the sake of convenience, the Appellants in Criminal Appeal No.780 of 2014 and the Respondents in Criminal Appeal No.132 of 2015 are referred to either by their names or by their status as particular accused in the said sessions case. The original accused were as follows:-

(2.) By the impugned judgment and order, the accused Nos.1 to 6 were acquitted from the charges of commission of offences punishable under Sec. 143, 144, 147, 148, 302 r/w. 149 of the I.P.C. The Accused Nos.4 to 6 were acquitted from the charges of commission of the offence punishable U/s.302 r/w. 34 of the I.P.C .

(3.) The Accused Nos.1 to 3 were convicted for the offence punishable U/s.302 r/w. 34 of the I.P.C . and each one of them was sentenced to suffer imprisonment for life and to pay a fine of Rs.1000.00 and in default to suffer further S.I. for one month. The convicted accused were given set off for the period they had spent in custody as under-trial prisoners.