LAWS(BOM)-2011-10-22

ASHOK GANAPATI PATIL Vs. STATE OF MAHARASHTRA

Decided On October 19, 2011
ASHOK GANAPATI PATIL Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) This Appeal is directed against the Judgment and Order dated 30 th May, 1991 passed by the 3 rd Additional Sessions Judge, Sangli, in Sessions Case No.21 of 1990 convicting the Appellants, who were accused in the said case, of the offences punishable under Sections 147 IPC, 148 IPC, 302 IPC and 325 IPC read with Section 149 of the IPC. The learned Additional Sessions Judge, Sangli, sentenced the Appellants (each of them) as follows : (a). For the offence punishable under Section 147 of the Indian Penal Code, rigorous imprisonment for two years and a fine of Rs.200/ with a default sentence of rigorous imprisonment for ten days; (b). For the offence punishable under Section 148 of the Indian Penal Code, rigorous imprisonment for three years and a fine of Rs.300/ with a default sentence of rigorous imprisonment for fifteen days; (c). For the offence punishable under Section 302 of the Indian Penal Code read with Section 149 of the Indian Penal Code, imprisonment for life. (d). For the offence punishable under Section 325 of the Indian Penal Code read with Section 149 of the Indian Penal Code, rigorous imprisonment for three years and a fine of Rs.300/ with a default sentence of rigorous imprisonment for fifteen days. The sentences were directed to run concurrently.

(2.) Being aggrieved by the said order of conviction and sentences, the Appellants have approached this Court. The Appellant Nos.1, 2, 3, 4 and 5 were the Accused Nos.1, 2, 3, 4 and 5, respectively. They shall hereinafter be referred to by the positions held by them during the trial, for the sake of convenience.

(3.) The prosecution case before the trial Court was in brief as follows :