RAJENDRA HARAKCHAND BHANDARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal preferred by original accused Nos. 1,2,5 and 6 being aggrieved by the judgment and order passed by 2nd Additional Sessions Judge, Shrirampur District Ahmednagar, in Sessions Case No.271 of 1991 decided on 10.12.1997, whereby the appellants are convicted of the offences punishable under Sections 307, 332, 353 all read with Section 149 of Indian Penal Code, so also of offences punishable under Sections 147 and 148 read with Section 149 of I.P.C. For offence under Section 307 read with Section 149 of I.P.C., each accused is sentenced to suffer rigorous imprisonment for five years and fine of Rs. 5000/= each. For each of offences punishable under Sections 332 read with Section 149 and 353 read with Section 149, each accused is sentenced for one year and fine of Rs.1000/=. For offence punishable under Section 147 read with section 149 of I.P.C. rigorous imprisonment of six months is awarded to each accused and for offence punishable under Section 148 read with Section 149 of I.P.C. each accused is sentenced rigorous imprisonment for six months.

(2.) It appears that the learned Additional Sessions Judge did not realise that offences punishable under Section 147 of I.P.C. is individual offence committed by whoever is guilty of rioting as defined under Section 146 of I.P.C. Similarly, offence under Section 148 of I.P.C. is individual in nature committed by the person who is guilty of rioting being armed with a deadly weapon or with anything which, if used as a weapon or offence, is likely to cause death. Therefore, there cannot be conviction for offences under Sections 147 read with 149 and 148 read with Section 149 of IPC, but only for offences under Sections 147 and 148 of IPC in individual capacity, if the same are proved.

(3.) Briefly stated, the prosecution case as per the complaint (Exh.68) lodged by PW8 Keshav Darandale, on 17.5.1991 he was working as clerk in Block Office of Bhenda Cooperative Sugar Factory Limited, Bhenda (Bk.) (hereinafter referred to as "the sugar factory"). At about 11.00 a.m. accused No.2 Pradeep Bhandari came to the office and requested PW8 Keshav to take entry of sugarcane planted by him. PW 8 Keshav pointed out to accused No. 2 Pradip that there was an endorsement of injunction on the V.F.7 x 12 extract of his land and, therefore, he should take permission of the head of the block i.e. Oversear (PW7 Lahanu Garje). However, accused No.2 Pradeep abused PW8 Keshav, held his collar, tore his clothes and beat him. At that time PW5 Balasaheb Wable, Narayan Dale, PW7 Lahanu Garje and Sarpanch Kumar Deshmukh came and intervened and stopped the quarrel. Accused No.2 Pradip Bhandari went away.