KASHINATH AMBALI LONDHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant-original accused no. 1 was tried along with one Abhimanyu @ Ashok Baburao Mohite-Original accused No. 2 in Sessions case No. 475/1989 in the Sessions Court at Thane for offences punishable under section 307 and 397 read with section 34 of the Indian Penal Code. By judgment and order dated 14.3.91 the learned Sessions Judge acquitted original accused no. 2 of all the charges. He acquitted the appellant of the charge under section 307 of the Indian Penal Code. He, however, convicted him for the offence punishable under section 394 and sentenced him to undergo rigorous imprisonment for five years and to pay a fine of Rs. 200/ -.

(2.) IN default of payment of fine, he was to suffer further rigorous imprisonment for two months. Being aggrieved by the said judgment and order of conviction and sentence, the appellant-original accused no. 1 has preferred the present appeal. The appellant is hereinafter referred to as "accused no. 1".

(3.) AFTER perusing the evidence on record, the learned Sessions Judge acquitted accused no. 2 of all the charges. He, however, convicted accused no. 1 for the offence punishable under section 393 and sentenced him to suffer rigorous imprisonment for five years and to pay a fine of Rs. 200/-, in default he was to suffer further rigorous imprisonment for two months. In the present appeal, there is a challenge to the said judgment and order of conviction and sentence.