SANTOSH ARJUN CHAVAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both these Appeals are directed against the Judgment and Order dated 21st March, 2014, passed by the II Adhoc Additional Sessions Judge, Solapur in Sessions Case No.268 of 2012 thereby convicting accused No.1 - Raju Arjun Chavan, accused No.2 - Santosh Arjun Chavan, accused No.3 - Shivaji Arjun Chavan, accused No.4 - Ravi Taru Rathod and accused No.5 - Dipak Ramhari Chavan for the offence punishable under Section 302 read with 149 of the Indian Penal Code [for short 'IPC'] and sentencing them to suffer rigorous imprisonment for life and to pay a fine of Rs. 15,000/- each, and in default of payment of fine to suffer further rigorous imprisonment for one year. The trial Court also convicted accused Nos.1 to 5 for the offence punishable under Section 396 of IPC and sentenced them to suffer rigorous imprisonment for life and to pay a fine of Rs. 5000/- each in default to suffer further R.I. for one year. The trial Court also convicted accused nos.1 to 5 for the offence punishable under Section 397 of IPC and sentenced them to suffer rigorous imprisonment for seven years.

(2.) Originally Criminal Appeal No.303 of 2014 was filed by all the five original accused i.e. Appellant Nos.1 to 5. Thereafter, by order dated 6th December, 2016, the names of the Appellant Nos.2, 3 and 4 [original accused Nos.2, 3 and 4] came to be deleted from the said Appeal. After deletion of their names from the said Appeal, original accused Nos. 2, 3 and 4 have filed separate Appeal bearing Criminal Appeal No.647 of 2016. Both these Criminal Appeals are arising out of one and the same Judgment and Order passed by the trial Court, hence the same are being decided by this common Judgment.

(3.) The prosecution case, in brief, is as under: