MAHENDRA DATTATRAY DESHMUKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In the present appeal, the appellants will be referred as per their original accused Nos. before the trial Court for the sake of brevity and for preciseness.

(2.) By the impugned Judgment and Order dated 9th July, 2012 passed by the learned Additional Sessions Judge, Kalyan in Sessions Case No.284/2008, the accused No.1-Kiran Baderao and accused No.3-Rohan Deshmukh are convicted under sections 302 read with 34 of the Indian Penal Code (for short "IPC") and sentenced to suffer imprisonment for life and to pay fine of Rs.5,000/- each, in default of payment of fine, to further suffer simple imprisonment for three months. By the impugned Judgment and Order, the accused No.2-Mahendra Deshmukh, accused No.4-Dashrath Baderao, accused No.5-Ajay Desh-mukh and accused No.6-Eknath Baderao are convicted for the offences punishable under sections 325 read with section 34 of IPC and sections 324 read with 34 of IPC and are sentenced to suffer rigorous imprisonment for one year on each count and to pay fine of Rs. 1,500/- each, in default of payment of fine, to further suffer simple imprisonment for three months. The Trial Court has directed that the substantive sentences for the offences punishable under sections 325 and 324 of IPC to run concurrently. The said judgment and order dated 9th July, 2012 is impugned herein.

(3.) Heard Ms.Payoshi Roy, learned counsel for the appellants/accused and Mr.Yagnik, learned APP for the State. Perused entire record.