SANJAY SUKHDEO PAWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Criminal Appeal No. 495 of 2002 is against conviction of accused nos. 1 - Sanjay and 2-Rajendra for offence punishable u/s 326/34 IPC and conviction u/s 307 IPC against accused no.4. Criminal Appeal No. 263 of 2002 is preferred by the State challenging acquittal of accused nos. 1 and 2 u/s 307 and holding them guilty for minor offences u/s 326/34 IPC.

(2.) Both the appeals arise out of the common judgment passed by ld. IInd Addl. Sessions Judge, Shrirampur in Sessions Case No. 73/96, whereby accused nos. 1 and 2 were convicted u/s 326/34 and sentenced to suffer RI for three years and to pay fine of Rs. 500/- each, in default, SI for one month and accused no. 4 was convicted u/s 307 IPC and sentenced to suffer RI for seven years and to pay fine of Rs. 500/-, in default, to suffer simple imprisonment for one month.

(3.) The facts relevant for deciding these appeals may be stated as follows :