SURESHA Vs. STATE

JUDGEMENT

(1.) THE appellants 1 to 20 were arrayed as accused 1, 4, 6 to 23 respectively in Special Case No. 38/2003 and they were tried for offences punishable under sections 143, 148, 341, 326, 153A, 302 r/w 149 IPC and also for an offence punishable under section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, the 'Act'). Incidentally, it is necessary to state that final report was filed against accused 1 to 23. Accused No. 5 died before charges were framed. Accused 2 and 3 died during trial. Therefore, case -against accused 2, 3 & 5 abated. The learned Special Judge on appreciation of evidence held accused 1, 4 & 6 to 23 guilty of offences punishable under sections 143, 148, 341, 326, 153A, 302 r/w 149 IPC and sentenced them for rigorous imprisonment for periods ranging from 15 days to life and also sentenced them to pay fine of Rs. 15,000/ - each for an offence punishable under section 302 r/w 149 IPC.

(2.) WE have heard Sri Ravi B. Naik, learned senior counsel for accused and Sri C.H. Jadhav, learned senior counsel for respondent -C.B.I.

(3.) BEFORE adverting to appreciation of evidence of witnesses and submissions made by learned senior counsel, it is necessary to state the case of prosecution and certain facts which are not in dispute.