RAJENDRA HARAKCHAND BHANDARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Leave granted.

(2.) Six persons - the Appellants and two others - were sent up for trial, inter alia, for various offences punishable under the Indian Penal Code, 1860 (IPC) initially to the Court of I Ind Additional Sessions Judge, Ahmednagar; later on trial was transferred to the Court of I Ind Additional Sessions Judge, Shrirampur. The trial court acquitted two of them but convicted the Appellants vide judgment dated December 10, 1997 for the offences punishable under Section 307 read with Section 149 IPC; Section 332 read with Section 149 IPC; Section 353 read with Section 149 IPC; Section 147 IPC and Section 148 IPC. As regards the offence punishable under Section 307 read with Section 149 IPC, the trial court sentenced them to suffer rigorous imprisonment for five years and to pay fine of Rs. 5000/- each with a default stipulation. For the other offences, lesser punishment was awarded. The trial court ordered the substantive sentences to run concurrently.

(3.) The convicts (Appellants) filed criminal appeal before the High Court of Judicature at Bombay, Appellate Side, Bench at Aurangabad. The High Court vide its judgment dated February 3, 2010 set aside the conviction of the Appellants for the offences punishable under Sections 147 and 148 IPC and altered their conviction to Section 307 read with Section 34, Section 332 read with Section 34 and Section 353 read with Section 34 IPC and sentenced them to suffer rigorous imprisonment for five years and to pay a fine of Rs. 5,000/- for the offence under Section 307 read with Section 34 IPC and lesser punishment for the other offences. The High Court also ordered that the substantive sentences shall run concurrently.