SHAIKH HARUN Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appeal is directed against judgment and order of conviction passed by learned Additional Sessions Judge at Achalpur dated 2.1.2004 in Sessions Trial No.99/1997. By the said judgment, the appellant is convicted for the offence punishable under Section 304 Part I of the Indian Penal Code and is directed to suffer rigorous imprisonment for 10 years and to pay a fine of Rs.10, 000/- and, in default of the payment of fine amount, to undergo further simple imprisonment for 1 month. The appellant is also convicted, by the impugned judgment, for the offence punishable under Section 324 of the Indian Penal Code and on that count the appellant is to suffer rigorous imprisonment for 1 year and to pay a fine of Rs.100/- and, in default of the payment of fine amount, to undergo further simple imprisonment for 7 days.

(2.) Appellant-Shaikh Harun s/o Shaikh Hasan, his two brothers Shaikh Hussain and Shaikh Rafiq, were charged by learned Additional Sessions Judge for the offences punishable under Section 302 read with Section 34 and under Section 307 read with Section 34 of the Indian Penal Code in the Sessions Trial. Appellant was accused No.

(3.) The following are the facts which give rise to the present appeal: