DATTU RAMA THEURKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Being aggrieved by the judgment and order passed by the learned Additional Sessions Judge of Baramati in Sessions Case No.23 of 1993 (State of Maharashtra vs. Dattu Rama Theurkar & Ors.), dated 30th December, 1999, the two Appellants i.e. original accused No. 1 and 2, have preferred the present Appeal challenging their conviction under section 302, read with section 34 of the Indian Penal Code ("I.P.C". for short). The learned Additional Sessions Judge, Baramati, District Pune, convicted the present Appellants for the offences punishable under Sections 302 read with Section 34 of the IPC and sentenced them to suffer imprisonment for life and to pay fine of Rs.500/-, each, in default, to suffer rigorous imprisonment (R.I.) for two months. The learned Additional Sessions Judge has also convicted the above Appellants for the offences punishable under section 323 read with Section 34 of the IPC and sentenced them to suffer R.I. for two months and to pay fine of Rs.200/-, each in default, to suffer R.I. for one month. The substantive sentences of accused / appellants were directed to be run concurrently. By the said judgment, the accused no.3- Kamal Dattu Theurkar came to be acquitted since no clinching evidence to rope the said accused was brought on record by the prosecution.

(2.) The prosecution case needs a narration in nutshell:

(3.) For the sake of convenience, the appellants hereinafter, would be referred to as accused No.1 and accused No.2.