RAJESH MOHANLAL SOLANKI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the judgment and order passed by the High Court of Judicature at Bombay in Criminal appeal No. 1040 of 1988, dated 01.02.2005.

(2.) The appellant had been convicted under Section 302 read with Section 149 of the Indian Penal Code (for short, "the Code") for causing the death of Ramdas. It is apparent from the findings that the appellant was holding a sword. That sword was tried to be taken away by Baburao (P.W.5). In the process of snatching the sword, there were injuries on the hands of Baburao (P.W.5). Other than this, no injury was attributed to the appellant.

(3.) In the instant case however, Ramdas died. There were seven accused, out of which Lahu Balkrishna Kadam (A-1) and Shekhar Digambar Thombre (A-3) had died. No appeal was preferred by Anil Mabdeo Mhatre (A-2) before us. Sunil Balkrishna Bhoir(A-4), Raja Maruti Pawar (A-5) and Vikas Mallikarjun Gaikwad (A-7) had been acquitted of the offence punishable under Section 302 read with 149 of the Code by judgment of this Court in Sunil Balkrishna Bhoir v. State of Maharashtra and connected cases, reported in 2007(14) SCC 598. However, sentence under Section 452 of the Code was maintained.