ANANTA KATHOD PAWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The 6 appellants before us and 5 others were arraigned before the Additional Sessions Judge, Thane for rioting, attempting to commit murder and other related offences. The trial ended in convictions of all of them under S. 148, 323/149, 324/149 Indian Penal Code and sentences of different terms of imprisonment. In appeal, the High court affirmed their convictions but reduced the sentences to the period already undergone and imposed a fine of Rs. 250. 00 each. The above judgment of the High court is under challenge in this appeal.

(2.) According to the prosecution on 24/6/1978 between 7. 00 and 7.30 a. m. the accused persons formed an unlawful assembly armed with swords, spears, iron rods and sticks in Village Arwali with the common object of assaulting Tukaram (Public witness 2, Ballaram (Public witness 3, Gajanan (Public witness 4, Vasant (Public witness 5, Ankush (Public witness 6, Nagubai (Public witness 7, Ganpat (Public witness 8 and of attempting to commit the murder of Pundalik (Public witness 9 and in prosecution of the said common object used force and violence against all of them.

(3.) The defence of the accused persons was that it was the complainant party which attacked them with various weapons as a result of which one of them, namely, Haribhau died while the others sustained injuries. According to the defence, to save their skin they filed a false case against them.