PUNDALIK MAHADU BHANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In Sessions Case No. 233 of 1979, 12 persons were tried by the Additional Sessions Judge, Thane for rioting, committing murder and other allied offences. Of them 2 were acquitted and the other 10 (who were arrayed as accused Nos. 1 to 10 and henceforth will be so referred to) were convicted under section 148 I.P.C. Besides A-1 to A-3 were convicted under section 302/34 I.P.C. and the remaining 7 under sections 324/149 and 323/149 I.P.C. Against their convictions and sentences, A-1 to A-10 preferred an appeal which was disposed of by the High Court, by affirming their convictions, maintaining the sentences awarded to A-1 to A-3 for their convictions under sections 302/34 and 148 I.P.C. and reducing the substantive sentences of the remaining 7 to the period already undergone and imposing a sentence of fine. Assailing the above judgment of the High Court, only A-1 to A-3, filed this appeal after obtaining special leave. During the pendency of this appeal A-1 died and hence the appeal so far as he is concerned stands abated.

(2.) The prosecution case as unfolded during trial is as under :

(3.) The accused pleaded not guilty to the charges levelled against them. Their specific defence was that on the day in question, A-5 was going to his field he was assaulted by the prosecution witnesses on account of the incident that took place on the previous day over the flow of the rain water. It was their further defence that A-1 to A-2, A-4 to A-7 and A-10 were also assaulted by the complainant party. In support of their case they exhibited the first information report that A-5 lodged against some of the members of the complainant party and further brought on record the fact that on completion of the investigation in that case 11 persons, including some of the prosecution witnesses, were charge-sheeted and subsequently committed to the Court of Sessions to stand trial under sections 148, 323, 324/149 and 302/149 I.P.C.