STATE OF MAHARASHTRA Vs. SANJAY SADU

JUDGEMENT

(1.) These two appeals are arising out of a judgment dated 4th November 1988 passed by the VIth Additional Sessions Judge, Thane where original accused No.6 Ajit Mukund Joshi was found guilty of an offence punishable under section 467 of the Indian Penal Code and was sentenced to suffer R.I. for ten years and to pay a fine of Rs.5000/- i/d to suffer S.I. for six months. Other accused were acquitted of the offences under Sections 120-B, 364 r/w 34, 302 r/w 34 of the Indian Penal Code, so also the original accused No.6 was also acquitted of all those offences. Therefore, the State has filed Appeal vide Criminal Appeal No.141 of 1989 against acquittal of the accused and, Original Accused No.6 filed Appeal vide Criminal Appeal No.985 of 1988 against his conviction under Section 467 of the Indian Penal Code.

(2.) The case of the prosecution, on the basis of which the aforesaid impugned judgment came to be delivered, is as under :-

(3.) According to the prosecution, deceased Marathe was insisting that in the new premises he should be given space equally to one in occupation. The builders including accused No.6 were refused to do so and, therefore, they conspired together with the help of others to eliminate Mr.D.L.Marathe and also to get a document pertaining to surrender of tenancy right executed from Marathe either by coercion or by whatever means possible.