TUKARAM KRISHNA WAGHMODE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE Respondents Original Accused Nos. 1, 3 and 4 respectively, along with the original accused no.2 (Since acquitted), were tried in the Court of the IInd Extra Additional Sessions Judge, Satara in Sessions Case No. 48 of 1993. The Accused no.1 was charged for having committed an offence punishable u/s 302 I.P.C. Accused Nos.1 to 3 were charged for having committed an offence punishable u/s 201 I.P.C. r/w 34 of the I.P.C. Original Accused No.4 was charged for having committed an offence punishable u/s 389 I.P.C.

(2.) BY his judgment and Order dated 28-4-1984, the learned Additional Sessions Judge acquitted Accused no.1 of the offence punishable u/s 302 I.P.C. He acquitted Accused No.2 of the offence punishable u/s 201 of the I.P.C. r/w 34 I.P.C. Accused No.1 was held guilty of the offence punishable u/s 201 I.P.C. r/w 34 of I.P.C. and he was convicted and sentenced to suffer R.I. of six years and to pay a fine of Rs.200/- in default to suffer R.I. for three months. Accused no.3 was found guilty of the offence punishable u/s 201 I.P.C. r/w 34 I.P.C. and he was convicted and sentenced to suffer R.I. for three years and to pay a fine of Rs.100/- in default to suffer R.I. for two months. Accused no.4 was held guilty of offence punishable u/s 389 of the I.P.C. and was convicted and sentenced to suffer R.I. for four years and to pay a fine of Rs.500/- in default to suffer R.I. for four months.

(3.) AT the trial, the case of the prosecution was as under: