MOHAMED AMINUDDIN JOHIMUDDIN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THESE two appeals preferred by the original Accused Nos.1 and 4 are directed against the judgment and order dated 7th July 1994 passed by the learned Addl. Judge, Greater Bombay in Sessions Case No.409 of 1993. By the said judgment, accused No.1 has been convicted and sentenced under section 395 r/w section 120B of the IPC suffer R.I. for 10 years; under section 148 IPC to suffer R.I. for 2 years; under section 347 IPC to suffer R.I. for 3 years; under section 412 IPC to suffer R.I. for 10 years and fine of Rs.20,000/- in default R.I. for 2-1/2 years; under section 451 IPC to R.I. for 7 years; under section 27 of the Arms Act to suffer R.I. for 3 years, and under section 135 of the Bombay Police Act to suffer R.I. for one month. The substantive sentences were ordered to be concurrent. Accused No.4 has been convicted under section 411 of the I.P.C. and sentenced to suffer R.I. for 3 years and a fine of Rs. 50,000/- in default R.I. for 6 months.

(2.) IN short the prosecution case runs as under:-

(3.) THE learned Judge framed charges against accused who pleaded not guilty and claimed to be tried. The prosecution examined as many as 27 witnesses and tendered documentary evidence. Upon appraisal of the evidence adduced by the prosecution, the learned Addl. Sessions Judge convicted accused Nos.1 and 4 and sentenced them in the manner indicated herein above.