NAMDEO GANPAT SOLANKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These two appeals are taken up simultaneously since those arise out of judgment and order of conviction dated 3.7.2004 passed by learned 3rd Ad hoc Additional Sessions Judge, Washim in Sessions Trial No.2/2004.

(2.) Criminal Appeal No.438/2004, is filed by original accused No.2 Namdeo Ganpat Solanke and original accused No.3 Sau.Vimal Namdeo Solanke. Whereas, Criminal Appeal No.474/2004, is filed by original accused No.1 Sandeep Namdeo Solanke who is son of original accused No.1 Namdeo Solanke and original accused No.2 Sau.Vimal Solanke.

(3.) Before adverting to discussion of these two appeals on its merits or demerits, this Court is required to observe that during hearing of these appeals learned Additional Public Prosecutor Shri M.K.Pathan for the respondent/State placed on record death certificate of original accused No.2 Namdeo Ganpat Solanke. The said is taken on record and marked as "Exhibit X" for the purposes of identification. The said "Exhibit X" shows that Namdeo, resident of Shirpur Jain, Taluka Malegaon, District Washim, expired on 24.9.2012 and after intimation of the death was given, the Block Development Officer, Grampanchayat Shirpur Jain, issued the "Exhibit X" by noting in the official record on 28.9.2012.