DEEPAK ALIAS OHARILAL JOSHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present criminal appeal is preferred by all the six accused against the judgment and order of conviction passed by 3rd Adhoc Additional Sessions Judge, Nagpur. The impugned judgment and order was passed in Sessions Trial No. 422 of 2002 on 6th December 2004. By the said judgment and order, all the six accused were convicted for the offences punishable under Sections 302, 149, 147 and 148 of the Indian Penal Code. The major punishment awarded against the appellants/accused is that of life imprisonment and fine of Rs. 3000/-, in default, to suffer further rigorous imprisonment for six months for the offence punishable under Section 302 read with Section 149 of the Indian Penal Code and six months and fine of Rs. 500/- for offences each under Sections 147 and 148 of the Indian Penal Code. Accused were, however, acquitted of the offences punishable under Section 4 read with Section 25 of the Arms Act and Section 37 (1) read with Section 135 of the Bombay Police Act. The State of Maharashtra did not prefer appeal against the said acquittal.

(2.) Heard rival arguments at length. Perused record & proceedings of the matter and also perused the reasoning given by learned 3rd Adhoc Additional Sessions Judge while holding all the accused guilty of the offence punishable under Section 302 read with Section 149 of the Penal Code and other allied offences.

(3.) The case of prosecution, in nutshell, is as under.