SHIVAJI RAO AND ANOTHER Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The two appellants were committed to stand for trial before the Sessions Judge, Akola, under Sec. 302 read with Sec. 34, Indian Penal Code in respect of the deaths of Rajabhau and Vasant and under Sec. 307 read with Sec. 34, Indian Penal Code in respect of injuries caused to Shyam. The remaining seven accused were charged for the offence under Sec. 302 read with Sec. 149 or Sec. 302 read with Sec. 109, Indian Penal Code in respect of the said deaths. As regards the injuries to Shyam they were charged of the offence under Sec. 307/34 or Sec. 307/149 or 307/109, Indian Penal Code. By his judgment dated Nov. 4, 1966, the Sessions Judge, Akola, acquitted all the seven accused of all the charges and convicted the present appellants under Sec. 302/34 and Sec. 307/34, Indian Penal Code . Appellant Shivajirao was convicted under Sec. 307/34, Indian Penal Code and sentenced to three years rigorous imprisonment in respect of injuries caused to Shyam and under Sec. 302/34, I. P. C. to imprisonment for life in respect of causing death of Vasant, and also under Sec. 302/34, Indian Penal Code to imprisonment for life in respect of causing death of Rajabhau. Appellant Ravindra was sentenced to two years rigorous imprisonment under Sec. 307/34, Indian Penal Code in respect of causing injuries to Shyam and to imprisonment for life under Sec. 302/34, Indian Penal Code in respect of causing death of Rajabhau. Against the judgment of the Sessions Judge, Akola the appellants filed Criminal Appeal No. 234 of 1966 to the High Court of Bombay. The State filed Criminal Appeal No. 40 of 1967 in regard to the acquittal of the other seven accused persons. The State also filed Criminal Revision No. 71 of 1967 praying for the enhancement of sentence of life imprisonment passed against the present appellants to sentences of death. All these cases were heard together by the High Court which by its judgment dated Nov. 14, 1967, dismissed the Criminal Appeals No. 234 of 1966 and No. 40 of 1967 and also the Criminal Revision No. 71 of 1967. After pronouncing the judgment the High Court took the view that an additional sentence of fine should be imposed on the appellants. The High Court accordingly issued notices to the appellants and by its judgment dated Dec. 1, 1967 the High Court ordered that appellant No. 1, Shivajirao shall pay a fine of Rs. 2,000.00, and the fine if recovered shall be paid to the dependents of the deceased Rajabhau. The High Court further directed that the appellant Shivajirao shall also pay a fine of Rs. 5,000.00 in respect of the murder of Vasant. Appellant Ravindra was also sentenced to pay a fine of Rs. 3,000.00 payable to the dependents of Rajabhau. The High Court directed that the appellant Shivajirao shall pay a fine of Rs. 2,000.00 in respect of the injuries caused to Shyam out of which a sum of Rs. 1,000.00 shall be payable to Shyam, under Sec. 545 (1), Criminal Procedure Code.

(2.) The appellants thereafter filed an application for special leave to appeal to this Court. By its order dated Aug. 2, 1968 this Court granted the special leave limited to the question of enhancement of sentence as ordered by the High Court.

(3.) Sec. 545 of the Code Criminal Procedure was amended by Central Act XXVI of 1955 with effect from Aug. 10, 1955. The amendment of Sec. 545 of the Code Criminal Procedure was effected by Sec. 110 of the Amending Act. By this amendments in sub-section (l) of Sec. 545 after the words a sentence the words 'including a sentence of death' were inserted. In addition, a separate sub-clause (bb) was added in sub-section (1) of Sec. 545. The amended Sec. 545 reads as follows: