GULAB Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants [Accused Nos. 1 to 3] along with one Sunil Ramdhan Rathod [Accused No.4] in Sessions Case No. 73 of 2003, by Sessions Court, Washim were tried for offence punishable under Sections 302, 307, 341, 120B read with Section 34 of Indian Penal Code, and Section 4 read with Section 25 of the Arms Act and Section 37(i)(iii) read with Section 135 of the Bombay Police Act.

(2.) The accused nos. 1 to 3 have been sen-tenced to undergo Rigorous Imprisonment [R.I.] for life and to pay fine of Rs.1000/- each, in default, to undergo further R.I. for two months each; in respect of the offence punishable un-der Section 307 read with Section 34 of Indian Penal Code, to suffer R.l. for five years and to pay fine of Rs. 1,000/- each, in default to suffer R.l. for further period of two months each; for the offence under Section 120B of Indian Penal Code, to undergo R.I. for life and to pay a fine of Rs. 1000/- each, in default, to undergo fur-ther R.I. for two months each, and for the of-fence under Section 341 of Indian Penal Code, to suffer R.l. for three months and to pay a fine of Rs.200/- each, in default, to undergo further R.l. for one month each. Accused nos. 1 to 3 have challenged their conviction and sentence in the present appeal.

(3.) On 24th March, 2003 at about 10.00 hours, the complainant - Abdui Majid Abdul Karim. deceased Abdul Ajij Jan Mohammad, deceased Sheikh Karim Sheikh Husane and in-jured - Mohammad Shami were coming to Manora by a Commander Jeep belonging to Gajanan Dighade. The accused persons pulled them out of the motor vehicle and assaulted them by delivering the blows of sword on their person. It has resulted in death of Abdul Ajij Jan Mohammd and Sheikh Karim Sheikh Husane. Grievous injuries were caused .to Mohammad Shami, with the intention to com-mit his murder. The assault by accused was over the issue of previous enmity.