JOITARAM REKHAJI CHAUDHARY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BOTH these appeals challenge a judgment and order passed by the Additional Sessions Judge, Greater Bombay on 5.6.2006 in Sessions Case No.116 of 2001. Since both the appeal arise from the same set of facts, they are being disposed off by this common judgment and order. Appeal No.559 of 2006 has been filed by one Joitaram R.Chaudhary (hereinafter referred to as "Accused No.3") whereas Criminal Appeal No.625 of 2006 has been filed by Jabraram @ Vikram Lasaram Mali (hereinafter referred to as "Accused No.2"). At the trial one Abdul Rehman Mohiddin Abdul was arrayed as accused No.1 but he died during the pendency of the trial. In the circumstances, by the impugned judgment and order only accused Nos. 2 and 3 were convicted for committing offence under Section 489-B and 489-C of the Indian Penal Code. For the offence under Section 489-B each of them was sentenced to suffer R.I. for 5-years and to pay a fine of Rs.2000/-, in default to suffer S.I. for one month. For the offence U/s. 489-C, they both were sentenced to suffer R.I. for 5-years.

(2.) THE brief facts of the prosecution case were as under.

(3.) I have heard both the sides and perused the record. According to me the appeals need to be partly allowed, in so far as sentence Under Section-489-B is concerned and in so far as the sentence Under Section 489-C is concerned, for the reasons, which follow.