SUDHAKAR JARJAN PAWAR Vs. STATE OF MAHARASHTRA, THROUGH POLICE STATION OFFICER, POLICE STATION, MAHULI JAHAGIR, AMRAVATI

JUDGEMENT

(1.) Both appeals seek to assail the judgment and order dated 17.01.2004 in Sessions Trial 92/1997 delivered by Additional Sessions Judge, Amravati, by and under which, the appellants are convicted of offence punishable under section 304 PartII read with section 34 of the Indian Penal Code and are sentenced to suffer rigorous imprisonment for a period of five years and to payment of fine of Rs.250/ each.

(2.) Criminal Appeal 87/2004 is preferred by Sudhakar Pawar (hereinafter referred to as accused 1) and Criminal Appeal 161/2004 is preferred by Balidas Pawar (hereinafter referred to as accused 2) who faced trial for offence punishable under section 302 read with section 34 of the Indian Penal Code. Both the accused are acquitted of offence punishable under section 302 read with section 34 of the Indian Penal Code and are convicted of offence punishable under section 304 PartII read with section 34 of the Indian Penal Code.

(3.) I have heard Shri Vinay Dahat, the learned counsel for accused 1 and Shri H.R. Dhumale, the learned Additional Public Prosecutor for the respondent/State. The appeal was adjourned time and again to enable the learned counsel for accused 2 Balidas to assist the Court. However, the learned counsel for accused 2 has chosen to remain absent. The appeal preferred by accused 2 is being decided on merits, after scrutiny of record, consistent with the dictum of the Hon'ble Supreme Court in Bani Singh and others vs. State of Maharashtra, 1996 4 SCC 720.