BHAVESH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants have been convicted by the learned Additional Sessions Judge, Nagpur by his order dated 31.1.2007 for the offences punishable under sections 147, 148 and 302 r/w section 149 of the Indian Penal Code (in short "IPC"). Both of them have been sentenced to suffer imprisonment for life and to pay a fine of Rs.1,000/ in default, to undergo R.I. for a period of four months for the offence punishable under section 302 r/w section 149 IPC. They have been sentenced to suffer R.I. for two years and to pay a fine of Rs. 500/ each, in default, R I for two years for the offence punishable under section 148 of the IPC. No separate sentence has been imposed for the offence punishable under section 147 of the IPC.

(2.) It is the case of the prosecution that there were some disputes between the deceased and the appellant in Appeal No. 59/2007 (hereinafter referred to as the "accused No.1") due to the alleged intimacy of the accused No.1 with the girl by name Pappi. The appellant in Appeal No. 69/2007 ( hereinafter referred to as the "accused No.2") is the friend of accused no.1.

(3.) The alleged incident had occurred on 8 th April, 2005 at about 8.30 p.m, near a grocery shop known as "Ramesh Kirana Stores", situated near Vinayak Deshmukh High School, Shantinagar, Lakadganj Police Station, Nagpur. It is alleged that the appellants and other 3 to 4 boys had assaulted the deceased Atul by means of sharp weapons and had caused following injuries to the deceased: