PRAKASH FAKIRA UNAWANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) ACCUSED No.1 Prakash, ACCUSED No.2 Fakira, his father and ACCUSED No.3 Koushabai, his mother were charged and tried for offence under Section 302 read with 34 of the Indian Penal Code as well as for offence under Section 323 read with 34, 504 read with 34 for having committed murder of Ramesh Kevalani and causing him injuries and insulting him. All the accused were also charged and tried for offence under Section 37 (i) of the Bombay Police Act.

(2.) BY judgment and order dated 25th April, 1994 the learned Judge in the aforesaid Sessions Case No.181 of 1993 was pleased to convict all the three accused for offence under Section 302 read with 34 of the Indian Penal Code and sentenced each of them to suffer rigorous imprisonment for life and to pay a fine of Rs. 2,000/- each, in default of payment of fine further imprisonment for six months each. The learned Judge was pleased to acquit all the accused for offences under Section 323, 504 read with 34 of the Indian Penal Code as also for offence under Section 37 (i) of the Bombay Police Act.

(3.) AFTER considering the evidence on record the learned Judge was pleased to hold all the accused guilty for an offence under Section 302 read with Section 34 and sentenced them as mentioned earlier.