STATE OF MAHARASHTRA Vs. AMIR AJAJ SHAIKH

JUDGEMENT

(1.) Learned Sessions Judge, Bhandara vide Judgment in Sessions Trial No.65 of 2015, delivered on 30.6.2018 convicted appellant no.1 Amir Aziz Shaikh and appellant no.2 Sachin Kundalik Raut for the offences punishable under Sections 302, 307, 397, 452 and 460 read with 34 of the Indian Penal Code and awarded death sentence to both the appellants for the offence punishable under Section 302 read with 34 of the Indian Penal Code directing that they shall be hanged by neck till they are dead as contemplated under Section 354(5) of the Code of Criminal Procedure.

(2.) Both the appellants are further convicted for the offence punishable under Section 307 read with 34 of the Indian Penal Code and are sentenced to suffer life imprisonment and to pay a fine of Rs.5,000/- each, in default to suffer rigorous imprisonment for one year. Both the above named appellants are further convicted for the offence punishable under Section 397 read with 34 of the Indian Penal Code and are sentenced to suffer rigorous imprisonment for seven years. For the offence punishable under Section 452 read with 34 of the Indian Penal Code, both the appellants are sentenced to suffer rigorous imprisonment for three years and to pay a fine of Rs.3,000/- each, in default to suffer rigorous imprisonment for six months. And lastly, on the count of Section 460 read with 34 of the Indian Penal Code, the appellants are sentenced to suffer rigorous imprisonment for seven years and to pay a fine of Rs.5,000/- each, in default to suffer rigorous imprisonment for one year. All the substantive sentences are directed to run concurrently. Both the appellants are also held entitled for set off of the period already undergone by them under the provisions of Section 428 of the Indian Penal Code.

(3.) As required under Section 366 of the Code of Criminal Procedure, a reference is made to this Court by the learned trial Court for confirmation of death sentence, as awarded. While the appellants, as stated aforesaid, have preferred Criminal Appeal No.603 of 2018 having been aggrieved by the Judgment recorded as above.