SURESH VYANKATI CHAVAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both these Appeals are directed against the Judgment and Order dated 15th July, 2015, passed by the Special Judge (under MCOC Act), Nashik in Special Case (MCOC) No.1/2008 thereby convicting accused No.4 Suresh Vyankati Chavan and accused No.8 Vithhal Shreeram Pawar for the offence punishable under Section 395 of the Indian Penal Code [for short 'IPC'] and sentencing them to suffer imprisonment for life and to pay a fine of Rs.3,000/- each, and in default of payment of fine to suffer rigorous imprisonment for a period of six months. The trial Court also convicted accused No.4 and accused No.8 for the offence punishable under Section 396 of the IPC and they are sentenced to suffer imprisonment for life and to pay a fine of Rs.3,000/- each, in default of payment of fine to suffer imprisonment for a period of six months. The trial Court also convicted accused No.4 and accused No.8 for the offence punishable under Section 397 of the IPC and they are sentenced to suffer rigorous imprisonment for seven years. The trial Court also convicted accused No.4 and accused No.8 for the offence punishable under Section 447 of the IPC and sentenced them to suffer rigorous imprisonment for three months. All the sentences were directed to be run concurrently.

(2.) 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.) Before the Trial Court there were in all nine accused. However as original accused No.1 Baliram Pundalik Chavan, accused No.2 Sudhakar Pundalik Chavan, accused No.3 Bhika Piraji Chavan, accused No.5 Narayan Sitaram Pawar, accused No.6 Kashiram @ Bapya Vayaskar Pawar, accused No.7 Mangal Vyankati Chavan and accused No.9 Babu Sitaram Pawar were absconding during the course of trial, the Trial Court has separated and proceeded the case against accused No.4 Suresh Vyankati Chavan and accused No.8 Vithhal Shreeram Pawar only, and convicted and sentenced them as stated herein above. Hence Criminal Appeal No.1211 of 2018 is filed by original accused No.4 Suresh Vyankati Chavan and Criminal Appeal No.301 of 2017 is filed by original accused No.8 Vithhal Shreeram Pawar. Criminal Application No.1235 of 2017 is filed by original accused No.8 Vithhal Shreeram Pawar for releasing him on bail during the pendency of the Appeal.