ANILKUMAR CHHOTELAL YADAV AND ANR vs THE STATE OF MAHARASHTRA

Judgment text excerpt

901-apeal-588-2015-J.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 588 OF 2015 1. Anilkumar Chhotelal Yadav, Age 27 years, R/o. Umariya Sangramgad, Lalganjajara, Pratapgad, Uttar Pradesh. 2. Nagendrakumar @ Monu Lalkrishor Kanojiya, Age 25 years, R/o.Mauriya Basgaon, Gorakhpur, Uttar Pradesh, Both presently serving sentence at Kholapur Prison, Kholapur. …..Appellants Versus State of Maharashtra, At the instance of Sr. P. I., Ghatkopar Police Station. …..Respondent Mr. Manan Dave, i/b. Mr. Jayvadan Dave & Ms. Kruti Mehta, for the Appellants. Ms. S. S. Kaushik, APP, for Respondent-State. CORAM : REVATI MOHITE DERE & DR. NEELA GOKHALE, JJ. RESERVED ON : 23rd APRIL 2025. PRONOUNCED ON : 29th APRIL 2025 JUDGMENT :- (Per Dr. Neela Gokhale, J.) Shivgan 1/18 901-apeal-588-2015-J.doc 1. The Appellants assail the Judgment and Order dated 30 th March 2015 passed by the Additional Sessions Judge, Greater Bombay in Sessions Case No.111 of 2012. By the impugned Judgment and Order, the Appellants are convicted for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code (‘IPC’), 1860 and are sentenced to suffer imprisonment for life and to pay a fine of Rs.20,000/- each, in default of which, to undergo imprisonment for a further period of six months. The Appellants are also convicted for the offence punishable under Section 392 read with Section 34 of the IPC for which they are sentenced to suffer rigorous imprisonment for seven years and to pay a fine of Rs.5,000/- each, in default of which, to undergo imprisonment for the period of three months. Both the sentences are to run concurrently. The period undergone in jail till today is to be set off against the sentence of imprisonment. 2. The case of the p