RAMESH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Challenge in this appeal is to the conviction and sentence imposed upon the appellants herein, by way of judgment and order dated 16th April 2010, rendered by the learned Ad hoc Additional Sessions Judge, Amalner, in Sessions Case No. 15 of 2008, thereby convicting them for offence punishable under Section 326 read with Section 34 of Indian Penal Code, for having voluntarily caused grievous hurt by dangerous weapon to victim Arun s/o. Pandharinath Mahajan (PW 1), and sentencing them to suffer rigorous imprisonment for 7 years, each, and to pay fine of Rs. 500/-, each, in default of payment of fine, to suffer rigorous imprisonment for 3 months, each, and also convicting them for the offence punishable under Section 326 read with Section 34 of IPC for having voluntarily caused grievous hurt by dangerous weapon to Sarlabai s/o. Ramesh Mahajan (PW 4), and sentencing them to suffer rigorous imprisonment for 7 years, each, and to pay fine of Rs. 500/-, each, in default of payment of fine, to suffer rigorous imprisonment for 3 months, each, and also directing that both the substantive sentences to run concurrently.

(2.) The facts and events which gave rise to the present appeal are as follows :

(3.) After completion of investigation, API Salunke (PW 15) filed the charge sheet against the accused before Judicial Magistrate (First Class), Chopda, who in turn, committed the said case to the Court of Sessions, since the offence punishable under Section 307 was exclusively triable by the Court of Sessions. Accordingly, charge was framed against the accused persons by the Court of Sessions on 16-1-2009 under Section 307 read with Section 34, at Exhibit 4, and thereafter, it was altered and reframed, and pleas of the accused persons were recorded. However, accused persons denied the charges levelled against them, and they pleaded not guilty and claimed to be tried.