LAWS(BOM)-2018-1-413

NARAYAN TULSHIRAM JADHAV Vs. STATE OF MAHARASHTRA

Decided On January 09, 2018
Narayan Tulshiram Jadhav Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) The above numbered appeals have arisen out of the same judgment dated 15th Oct., 2016 delivered by the learned Special Judge, Aurangabad in Special Case No. 10 of 2012 thereby convicting the appellants of the offences under Sections 3 and 4 read with section 25 of the Arms Act, 1959 and also under Sec. 22 of the Narcotic Drugs and Psycotropic Substances Act, 1985 (for short "NDPS Act"). Hence they are being decided by this common judgment.

(2.) Each of the appellants has been sentenced with rigorous imprisonment for three years and fine of Rs. 10,000/with default clause in respect of the offences under Sections 3 and 4 read with section 25 of the Arms Act and rigorous imprisonment for ten years and fine of Rs.l,00,000/with default clause in respect of the offence punishable under Sec. 22 of the NDPS Act. The substantive sentences of imprisonment have been ordered to run concurrently.

(3.) The learned Special Judge acquitted the appellants of the offence punishable under Sec. 399 of the Indian Penal Code. The State/ prosecution has not challenged acquittal of the appellants in respect of the said offence. As such, that part of the judgment has attained finality.