VIJAY PUNDALIK SAGWEKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal filed by the original accused Nos. 2, 3 and 4 against the order of conviction and sentence passed by the Additional Sessions Judge, Greater Bombay in sessions Case No. 363 of 1976 convicting the accused for the offence punishable under section 302 read with section 34, Indian Penal Code for the murder of one Mohan and then sentencing them for the said offence to suffer imprisonment for life. The present appellants were also directed to suffer imprisonment for 3 years on other counts also for assaulting the prosecution witnesses i.e. (P.W. 2) Satish Jairam Salunke, and (P.W. 3) Arun Laxman Patil.

(2.) Initially all these appellants were jointly tried with one Vijay Baburao Palande, original accused No. 1. However the said accused was acquitted of the charge under section 302 read with section 34 of the I.P.C. but was convicted for the offence punishable under section 324 and was sentenced to suffer imprisonment equal to the period of his detention.

(3.) The State Government has not filed any appeal against the said acquittal of accused No. 1 for the offence punishable under section 302 read with section 34 of I.P.C. Thus we are only concerned in this appeal with the original accused No. 1. Vijay Pundalik Sagwekar, accused No. 3 Baburao Tukaram Shelar and accused No. 1. Chandrakant Subhan Salvi.