AJAY PETER TOPANNU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both these Appeals are disposed of by this common order, because they are arising out of the same impugned judgment and order.

(2.) The Appellant-Ajay Peter Topannu in Criminal Appeal No.801 of 2014, was the original accused No.1 and the Appellant in Criminal Appeal No.150 of 2023-Mangara Bhikari Barla was the original accused No.2. Both of them were tried in Sessions Case No.633 of 2012 by the Additional Sessions Judge - Pune. The learned Judge vide his judgment and order dtd. 23/4/2014, convicted both of them for commission of offence punishable under Sec. 302 read with 34 of the Indian Penal Code, 1860 ("IPC") and, both the Appellants were sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs.5,000.00 (Rupees Five Thousand) each and in default, to suffer, rigorous imprisonment for one month, each. They were also convicted for the offence punishable under Sec. 201 read with 34 of IPC and both of them were sentenced to suffer rigorous imprisonment for five years and to pay a fine of Rs.500.00 (Rupees Five Hundred) each and, in default, to suffer, rigorous imprisonment for one month, each. They were granted set off under Sec. 428 of the Code of Criminal Procedure, 1973 ("Cr.P.C.").

(3.) For the sake of convenience, both the Appellants are referred to as the original accused or by their names.