VINOD GULABRAO KINAKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Shri Badar, learned Counsel for appellant Vinod in Criminal Appeal No.317/2004, and Shri Deopujari, learned Additional Public Prosecutor for the respondent State.

(2.) Criminal Appeal No. 317/2004 is filed by appellant Vinod against the judgment and order dated 3/2/2004 passed by the Ad hoc Additional Sessions Judge, Pusad in Sessions Trial No. 90/2000 whereby appellant Vinod is convicted for the offence punishable under Section 302 of Indian Penal Code and sentenced to suffer imprisonment for life and to pay a fine of Rs.100/- and in default, to suffer simple imprisonment for one month. Similarly, appellant Vinod is also convicted for the offence punishable under Section 201 of Indian Penal Code and sentenced to suffer simple imprisonment for one year and to pay a fine of Rs.100/- and in default, to suffer simple imprisonment for one month.

(3.) The State has preferred Criminal Appeal No. 337/2004 against the judgment and order of acquittal, dated 3.2.2004 passed by the trial Court in respect of original accused no.2 Girish alias Munna Giri for the offences punishable under Sections 302 and 201 of Indian Penal Code. However, original accused no.2 Girish alias Munna Giri died on 12.1.2006 and, therefore, the said appeal stands abated. Similarly, Criminal Revision Application No. 82/2004 is filed by the original complainant against the judgment and order of acquittal dated 3/2/2004 passed by the trial Court in respect of original accused no.2 Girish alias Munna Giri. However, due to demise of original accused no.2, State appeal stands abated. Consequently, criminal revision application filed by the complainant also stands abated.