STATE OF MAHARASHTRA Vs. DAMU GOPINATH SHINDE

JUDGEMENT

(1.) THE four accused were tried in Sessions Case No. 195/95, by the Additional Sessions Judge. Shrirampur, for offences punishable under Sections 120-B, 364,511,342,302,201, all read with Section 34 of Indian Penal Code. The learned Additional Sessions Judge held them guilty for offences charged against them. He convicted the four accused of offence punishable under Section 302 read with section 34 of I. P. C. and Sentenced each of them to death. He further convicted them of offence punishable under Section 120-B of I. P. C. and Sentenced each of them to rigorous imprisonment for 2 years and to pay a fine'of Rs. 1,000/-, in default of payment of fine, simple imprisonment for 3 months. On conviction of the accused of offence punishable under Section 364 r/w. Section 34 of I. P. C. , he senteenced each of them to suffer rigorous imprisonment for 7 years and to pay a fine of Rs. 1,000/-, in default of payment of fine. Simple imprisonment for 3 months. Though the accused are convicted of offence punishable under Section 364 r/w. Section 34 of 511 I. P. C. no separate sentence is passed for the said offence, on convicting the accused of offence punishable under Section 342 r/w section 34 of I. P. C. . , he sentence each of them to rigorous imprisonment for 3 months and to fine of 300a, in default of payment of fine, simple imprisonment for one month, and lastly. On convicting the accused of offence punishable under section 201 r/w. Section 34 of I. P. C. , he sentenced each of them to suffer rigorous imprisonment for 2 years and to pay a fine of Rs. 1,000/-, in default of payment of fine, simple imprisonment for 3 months.

(2.) AS the learned Additional Sessions Judge passed the death sentence, the matter is sent for confirmation under Section 366 ( 1) of the Code of Criminal Procedure. 1978. While accused appellants being aggrieved by this conviction and sentence. Have filed the Criminal Appeal.

(3.) A boy, namely, Dipak s/o. Suresh Waware, 8 years of age, residing at village Chanda (Taluka : Newasa), returned home from school on 13-2-1995 at about 11 a. m. Then he went out to play but did not return home. His parents and other relatives searched for him and ultimately on 14-2-1995 his paternal uncle. Haridas Waware, lodged repart at Sonai Police Station, that the boy Dipak was missing. On receiving this missing report, Head Constable Rathod was directed to search for the boy. The Police and the villagers under took the search. But the boy was not traced.