ANANDU VITHU GURAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal is filed by the original accused No.1 in Sessions Case No. 70 of 1983 decided by learned Additional Sessions Judge, Kolhapur on 21-8-1980. By the impugned order appellant Ananda Vithu Gurav is convicted of the offences punishable under sections 447, 326 and 302 r/w Sections 34 of the Indian Penal Code, and is sentenced; (i) for the offence punishable under section 326 he is sentenced to suffer rigorous imprisonment for three years and to a pay fine of Rs. 500/- in default to suffer rigorous imprisonment for one month; (ii) for the offence punishable under section 302 he is sentenced to suffer imprisonment for life; and (iii) for the offence punishable under section 447 he is sentenced to suffer rigorous imprisonment for one month. The substantive sentences are directed to run concurrently and other two co-accused have been acquitted.

(2.) IN view of the short point that is urged in this appeal, the following brief summery of facts is sufficient :-

(3.) DECEASED Manohar, P.W. 6 Shankar are the brothers. Tanaji P.W. 7 is the cousin brother of deceased Manohar and injured Shankar Keshav Gorambekar P.W. 8 and Sambhaji Gorambekar are the brothers. They all reside together.