RAMIJA AYYUB BAGWAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY Criminal Appeal No.860 of 2003, the appellant-Ramija Ayyub Bagwan (original accused No.5 in Sessions Case No.252 of 2002), and by Criminal Appeal No.1338 of 2003, the appellant No.1-Yunnus Rahimbaksha Bagwan @ Durugkar and appellant No.2-Ayyub Rahimbaksha Bagwan (original accused Nos.1 and 2 in Sessions Case No.252 of 2002), have challenged the judgment and order dated 9th May, 2003 passed by the learned IVth Additional Sessions Judge, Solapur. By the said judgment and order, all the three appellants were convicted for the offence punishable under Section 302 r.w. 34 of IPC and sentenced to R.I. for life and fine of Rs.500.00 each. They are also convicted for the offence punishable under Section 498-A r.w. 34 of IPC and sentenced to R.I. for one year and to pay a fine of Rs.500.00 each. Both the sentences were directed to run concurrently. However, the learned Judge has acquitted all the three appellants of the charge under Section 304-B r.w. 34 of IPC. It may be stated here that the original accused Nos.3,4 and 6 were acquitted of all the charges levelled against them.

(2.) THE prosecution case briefly stated, is as under:

(3.) WE have heard Mr.A.P.Mundargi, learned Senior Advocate for the appellants and Mr.Mhambre, the learned APP for the State. We have also perused the judgment and order passed by the learned Addl. Sessions Judge, as well as record pertaining to the present case. After carefully considering the evidence on record, we are of the opinion that both these appeals deserve to be allowed.