SANDEEP DHANRAJ CHOUDHARY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants have approached this Court being aggrieved by the judgment and order dated 5/12/2016 passed by the learned Additional Sessions Judge, Nagpur in Sessions Trial No. 405/2014, thereby convicting appellants for the offence punishable under Section 302 read with Section 34 of Indian Penal Code and sentencing them to suffer imprisonment for life and to pay fine of Rs. 5000/- and in default, to suffer imprisonment for three months.

(2.) The prosecution case, in brief, as gathered from the material placed on record is thus :

(3.) On the basis of said oral report, Crime No. 164/2014 came to be registered for the offences punishable under Section 302 read with Section 34 of Indian Penal Code and Section 4/25 of the Arms Act. During investigation, Investigating Agency found that there were two more accused involved in the crime. As such, on completion of investigation, a charge sheet came to be filed against five accused in the Court of learned Judicial Magistrate, First Class, Mouda. Since the case was exclusively triable by learned Sessions Judge, the same came to be committed to Sessions Court. The learned trial Judge framed charge against accused for the offences punishable under Sections 120-B, 302 read with Section 34 of Indian Penal Code and Section 4/25 of the Arms Act. The accused pleaded not guilty and claimed to be tried. On conclusion of trial, learned trial Judge acquitted accused Nos.4 and 5 and passed the order of conviction and sentence against present appellants as aforesaid. Being aggrieved thereby, the present appeals have been filed.