ANKUSH MOTIRAM KARBHARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS common judgment will dispose of these two appeals which arise out of two separate judgments delivered by the VIth Additional Sessions Judge, Thane on 26th May, 1992 in two Sessions Cases, that is Sessions Case No. 415 of 1986 and Sessions Case No. 469 of 1986. Both the Sessions Cases arise out of a common incident which took place on the night of 29-4-1986 at about 9. 15 p. m. at village Kalavali, Taluka Kalyan, District Thane. In the said incident, a boy by name Bharat Karbhari was killed and eight persons were injured. The two Sessions Cases, being counter cases, most of the witnesses in one case are the accused persons in the other case. Both the cases were tried separately but simultaneously by the learned trial Judge.

(2.) IN Sessions Case No. 415 of 1986 (hereinafter referred to as the first case), in all six accused were put on trial for various offences, including the offence of murder under section 302 of the Indian Penal Code (for short, IPC ). The learned trial Judge acquitted three of them of the offences but found the remaining three accused, namely, A-1 Ankush, A-2 Ashok and A-4 Lahu guilty of the following offences. The learned Judge, accordingly, convicted and sentenced them as follows :-1 Ankush : Section 304 Part II, rigorous imprisonment for five years and a fine of Rs. 500/-, in default to suffer further rigorous imprisonment for two months. A-2-Ashok: Section 323 IPC, rigorous imprisonment for six months and a fine of Rs. 100/-, in default to suffer further rigorous imprisonment for 15 days. A-3-Lahu : Section 324 IPC rigorous imprisonment for one year and to pay a fine of Rs. 300/-, in default to suffer further rigorous imprisonment for one year. Feeling aggrieved by this order, these three accused have filed Criminal Appeal No. 287 of 1992.

(3.) IN the Sessions Case No. 340 of 1992 (hereinafter referred to as the second case), six accused were put on trial for various offences. However, the learned trial Judge acquitted four of them on all counts and found only two accused, namely, A-1 Kisan and A-2 Ananta guilty. Accordingly, the learned trial Judge convicted and sentenced both of them as under :-1 Kisan : Section 324 IPC rigorous imprisonment for one year and to pay a fine of Rs. 300/-, in default to suffer further rigorous imprisonment for one month. A-2 Ananta : Section 324 IPC rigorous imprisonment for one year and to pay a fine of Rs. 300, in default to suffer further rigorous imprisonment for one month. Feeling aggrieved by this order both the accused have filed Criminal Appeal No. 340 of 1992.