PRAKASH D VICHARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THESE three appeals are filed challenging the judgment and order dated 7th, 8th and 29th of November, 1996, passed by the Additional Sessions Judge, Greater Bombay in Sessions Case No.962 of 1992. Criminal Appeal No.743 of 1996 is filed by appellant (Original accused 1 Prakash D. Vichare. Criminal Appeal No.83 of 1997 is filed by appellants Padmakar Ramchandra Chatur @ Raja (Original accused 2) and Rajendra Anant Padekar @ Raja (Original Accused 3). Criminal Appeal No.58 of 1997 is filed by appellants Vijay Gulabrao Deshmukh @ Jyotya (Original accused 4), Raman Gujanan Gangal (Original accused 3) and Balaji Vithal Khandge @ Balya (Original accused 6). Since all these appeals impugn the same judgment and order, it is convenient to dispose them of by a common judgment and hence this common judgment. For the sake of convenience the appellants are referred to in this judgment as per their status in Sessions Case No.962 of 1992, in which they were tried.

(2.) ACCUSED 2 to 4 were charged for offence under section 148 and section 302 read with section 149 and in the alternative read with section 34 of the Indian Penal Code ("I.P.C." for short) Accused 1 was charged for offence punishable under section 109 r/w section 302 of the I.P.C.

(3.) THE deceased also knew accused since childhood. He knew accused 2 and 3 because they were staying in the opposite Chawl. Accused 1 was externed from Bombay for about 2 years. After his term of externment was over for about a month prior to June, 1992, he came back to his residence. According to the prosecution accused 1 was on enmical terms with the deceased and there used to be quarrels between the deceased and accused 1, 2 and 3.