STATE OF MAHARASHTRA Vs. NARAYANRAM CHETANRAM CHAUDHARY

JUDGEMENT

(1.) ALL the three matters arise out of the judgment in Sessions Case No. 462 of 1994 of the Court of Additional Sessions Judge, Pune. The judgment of conviction came to be delivered on 19th February, 1998. As there was a possibility of death sentence being awarded, at the request of the State and with the consent of all the sides, the matter was postponed and finally the order of sentence came to be passed on 23rd February, 1998. While awarding the sentence, not only the Accused were heard but on their behalf, their respective counsel were also heard and so was the special P. P. appointed for the case on behalf of the State.

(2.) THE charges in the alternative were framed. Primary charge was of 120-B, 302 read with 120-B and in the alternative under section 302 read with section 34; there was the charge under sections 302 and 342 read with section 120-B and in the alternative the charge under section 342 read with section 34; the charge under section 397 read with 120-B and in the alternative under section 397 read with sections 392 and 34; the charge under section 449 read with section 120-B and in the alternative under section 449 read with section 34 all of Indian Penal Code. Learned trial Judge by his aforesaid order of conviction dated 19th February, 1988 was pleased to accept the case of conspiracy as put forward by the State and, therefore, has convicted both the Accused for the offence punishable under re-spective substantive sections read with section 120-B. They have also been convicted for the offence under section 120-B individually.

(3.) OF the two convicted Accused, so far as Accused No. 1 is concerned, he was convicted for the offence punishable under section 302 in respect of six murders and Accused No. 2 was convicted for that very offence read with section120-B.