BALWANT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This Criminal Appeal is directed against the judgment and order dated 27th November, 2006, rendered by Additional Sessions Judge, Ahmednagar, in Sessions Case No. 132 of 2005, thereby convicting accused No.1 Balwant Bhikaji Gadhve i.e. Appellant herein under section 323 of the Indian Penal Code and sentencing him to suffer imprisonment till rising of Court and to pay fine of Rs. 5000/( Rupees Five Thousand), in default, to undergo rigorous imprisonment for one month.

(3.) Appellant herein i.e. accused No.1 and other three accused persons were charged for the offences punishable under sections 147, 148, 307 and 324 read with section 149 of the Indian Penal Code and Under Section 37(1) read with section 135 of Bombay Police Act, and they were tried for the said offences, in Sessions Case No. 132 of 2005, by the Additional Sessions Judge, Ahmednagar. After considering oral and documentary evidence adduced and produced on record, and also after considering rival submissions advanced by the learned counsel for the parties, learned Sessions Judge, Ahmednagar acquitted accused Nos. 1 to 4 for the offences punishable under sections 147, 148, 307 and 324 read with section 149 of the Indian Penal Code and Under Section 37(1) read with section 135 of Bombay Police Act, but accused No.1 appellant herein was convicted for the lessor offence i.e. under section 323 of the Indian Penal Code, sentencing him to suffer imprisonment till rising of Court and to pay fine of Rs. 5000/( Rupees Five Thousand), in default of payment of fine to undergo for rigorous imprisonment for one month, by judgment and order dated 27th November, 2006, which is under challenge in the present appeal by the appellant original accused No.1.