JAGAN SHRAVAN PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the judgment of a Division Bench of the Bombay High Court at Aurangabad Bench. Originally the Special Leave Petition was filed by A-4, A-5 and A-6. So far as petition in respect of appellant No.3-Suresh is concerned the same was dismissed by order dated 7.4.2008 and notice was issued only in respect of other two petitioners.

(3.) The present appellants along with co-accused persons were tried and convicted by learned II Ad-hoc Additional Sessions Judge, Jalgaon, for the offences punishable under sections 143, 144, 148, 323 and 302 read with Section 149 of the Indian Penal Code, 1860 (in short IPC) by order dated 12.10.2004. The accused were sentenced to suffer - (i) R.I. for one month and fine of Rs. 100/- each, in default to suffer R.I. for 7 days for offence punishable under section 143 (ii) R.I. for three months and fine of Rs. 300/- each, in default to suffer R.I. for 20 days for offence punishable under Section 144; (iii) R.I. for six months and fine of Rs. 500/- in default to suffer R.I. for one month for offence punishable under Section 148; (iv) R.I. for three months and fine of Rs. 300/- each, in default to suffer R.I. for 20 days, for offence punishable under section 323 read with section 149 : and, (v) R.I. for life and fine of Rs. 1000/- each, in default, to suffer R.I. for two months for offence punishable under section 302 read with section 149 of the IPC. The accused were, however, acquitted of the offence punishable under section 37(1)(3) read with section 135 of the Bombay Police Act, 1951. Being aggrieved, accused Nos. 1 to 3 filed Appeal No. 697/2004 in the High Court and accused Nos. 4 to 6 filed Jail Appeal No : 72/2005.