BADRUDDIN RUKONDDIM KARPUDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal under Section 2 (j) (a) of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 is directed against a judgment dated the 11th July, 1975 of a Division Bench of the High Court of Bombay setting aside the acquittal recorded by the Additional Sessions Judge, Latur of the 8 appellants and convicting them of offences under Sections 147 and 148 and Section. 302 read with Section 149 of the Indian Penal Code, and sentencing each of them to rigorous imprisonment for a year on the first count, to a similar term of imprisonment on the second, and to imprisonment for life on the third, the three sentences having been directed to run concurrently.

(2.) The occurrence took place on the 30th December, 1971 and Amirali, a step-brother of Shahabuddin (P. W. 1) lost his life in consequence. 17 persons were tried by the learned Additional Sessions Judge for the offences mentioned above as also one under Section 302 read with Section 34 of the Indian Penal Code. The trial ended in acquittal of all the accused with the judgment dated October 11, 1972 rendered by the learned Additional Sessions Judge which was, however, set aside in the case of the 8 appellants by the High Court as stated above. The appellants were arraigned before the trial Court as accused Nos. 1, 3, 4, 7, 10, 14, 15 and 16 and that is how they would be referred to hereinafter in this judgment.

(3.) Some of the accused are inter-related and it may be helpful at this stage to set out how they are connected to each other. Accused No. 1 is a brother of accused No. 2 while accused Nos. 10, 11 and 12 are their nephews. Accused Nos. 8 and 9 are the cousins and accused No. 4 the maternal uncle of accused Nos. 1 and 2. All the 17 accused are residents of village Janval in Osmanabad District of the State of Maharashtra.