MUNIR RUSTUM SHAH Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Criminal Appeal No.160 of 2007 and Criminal Appeal No.97 of 2008 are directed against the Judgment and Order dated 10 th April, 2007, passed by the Additional Sessions Judge, Shrirampur in Sessions Case No.29 of 2005 thereby convicting accused No.2 ? Munir Rustum Shah and accused No.3 ? Bhimrao Shekha Salam for the offence punishable under Section 395 read with 397 of the Indian Penal Code [for short 'IPC'] and sentencing them to suffer rigorous imprisonment for seven years and to pay a fine of Rs.1,000/ each, and in default of payment of fine to suffer further rigorous imprisonment for six months. The trial Court also convicted accused No.3 ? Bhimrao Shekha Salam for the offence punishable under Section 4(25) of the Arms Act and sentenced him to suffer rigorous imprisonment for two years and to pay a fine of Rs.500/, in default to suffer further Rigorous Imprisonment for three months. All the sentences were directed to be run concurrently.

(2.) The trial Court also convicted and sentenced accused No.1 ? Rajendra Jalinder Ghewande for the offence punishable under Section 395 read with 397 of the IPC. However, it appears that accused No.1 ? Rajendra has not filed Appeal against his conviction and sentence.

(3.) Criminal Appeal No.391 of 2008 is filed by the State against the acquittal of original accused No.4 ? Ravindra Baban @ Bhagwan Mhaske, accused No.5 ? Mahendra Pralhad Kale and accused No.6 ? Dipak Bhagwan Madawi from the offence punishable under Sections 395, 397 read with section 34 of IPC and Section 4 and 25 of Arms Act.