Sanjaykumar Shivmangal Bharati vs State of Maharashtra

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Bom) 1781

SARANG V. KOTWAL
Sanjaykumar Shivmangal Bharati – Appellant
Versus
State of Maharashtra – Respondent

Advocates Appeared:
Amit Munde, Advocate, Dinesh D.Dey, Advocate, S.R.Agarkar, Advocate, Udayan Lalji Shah, Advocate

JUDGMENT

SARANG V.KOTWAL, J. - Both these appeals are decided by this common judgment because they arise out of the same impugned judgment and order. For the sake of convenience the appellants are referred to by their original status in the trial Court. The appellant Sanjaykumar Bharati in Criminal Appeal No. 400 of 2019 was the accused No. 2 and the appellant No. 1 Kundan Choudhary and the appellant No. 2 Damodar Sav in Criminal Appeal No. 673 of 2019 were the accused Nos. 1 and 3 respectively in Sessions Case No. 580 of 2015 on the file of Additional Sessions Judge, Greater Mumbai.

2. Learned trial Judge vide his judgment and order dtd. 26/2/2019 convicted all the accused for commission of offence punishable under sec. 304(II) read with 34 of the I.P.C. and they were sentenced to suffer R.I. for 10 years each. They were originally charged for commission of offence punishable under sec. 302 read with 34 of the I.P.C. They were acquitted from that particular Charge. Under the provisions of sec. 357(3) of the Cr.P.C. all the accused were directed to pay the respondent No. 2 herein i.e. wife of the victim, compensation amount of Rs.25000.00 each and in default of such payment each of