SUNIL CHOKHOBA SHAMBARKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. Riyaz khan, Adv. for the appellant no. l, Mr. N. A. Badar, Adv. and Mrs. Kalsi, Adv. for the appellant no. 2 and Mr. S. Y. Deopujari, additional Public Prosecutor for the respondent-State in Criminal Appeal No. 338 of 2005 and Mr. S. Y. Deopujari, Additional Public prosecutor for the Appellant-State and Mr. N. A. Badar, Adv. and Mrs. U. K. Kalsi, Adv. for the Respondent in Criminal Appeal No. 463 of 2005 filed by the State against the order of acquittal passed by the trial Court whereby the original accused no. 3 Sikendra @ Sikandar s/o. Chokhoba Shambarkar came to be acquitted.

(2.) In the instant case, appellants sunil s/o. Chokhoba Shambarkar and purshottam s/o. Chokhoba Shambarkar in criminal Appeal No. 338 of 2005 along with the other, co-accused Sikandar and Chokhoba were prosecuted for the offence punishable u/s. 302 r/w. Section 34 of the Indian Penal Code. However, the trial Court has convicted appellants sunil and Purshottam for the offence punishable u/s. 302 r/w. Section 34 of the Indian Penal Code and sentenced them to suffer imprisonment for life and to pay a fine of Rs. 1,000/- each. In default of payment of fine, they were directed to undergo rigorous imprisonment for three months each.

(3.) The trial Court by the impugned judgment and order acquitted Original accused no. 3 Sikandar and Original Accused no. 4 chokhoba for the offence punishable u/s. 302 r/w. 34 of the Indian Penal Code. However, the State has preferred appeal against acquittal of Original accused no. 3 Sikandar only.