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2008 Supreme(SC) 1706

ARIJIT PASAYAT, MUKUNDAKAM SHARMA
Vithal Pundalik Zendge – Appellant
Versus
State of Maharashtra – Respondent


JUDGMENT

1. Challenge in this appeal is to the judgment of a Division Bench of the Bombay High Court dismissing the three appeals preferred by the present appellant and two other co-accused. Criminal Appeal No.703 of 2000 was filed by the present appellant while the co-accused Kisan filed Criminal Appeal No. 701 of 2000 and Milind Dhondu Gaikawad filed Criminal Appeal 702 of 2000. The accused persons faced trial for alleged commission of offences punishable under Sections 144, 148, 302 read with Section 149 of the Indian Penal Code, 1860 (in short the `IPC'). The appellant faced trial alongwith 8 others. Appellant was first accused (A-1). The trial Court held that all the accused persons were guilty and they were awarded life sentence in respect of offence punishable under Section 302 read with Section 149 IPC and different other sentences which were directed to run concurrently by the learned Sessions Judge, Greater Bombay in Sessions Case No.248 of 1996. Only three appellants questioned the conviction and the sentence and three appeals were disposed of by the impugned judgment as noted above.

2. Prosecution version which led to the trial of the accused persons is essentially as fo


















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