NAMDEO S. DAKI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal challenges the judgment and order dated 10.10.1996 passed by the learned Sessions Judge Raigad at Alibag in Sessions Case No. 217 of 1988.

(2.) In the abovesaid sessions case, the appellant Nos.1 to 5, who were accused Nos.1,5,9, 12 and 14 respectively before the trial court were tried alongwith other 40 co-accused for the offences punishable under sections 147, 148, 302, 307, 452, 323, 504, 427 506 read with 149 of the Indian Penal Code (for short "IPC") and section 37 read with section 135 of the Bombay Police Act. By the impugned judgment and order, the trial court convicted the present appellants for the offence punishable under section 302 read with 149 of IPC and sentenced them to sufer Life Imprisonment and to pay fne of Rs.3000/- each, in default, to sufer further R.I. for one year. The trial court further convicted them for the offence punishable under section 324 read with 149 of the IPC and sentenced them to sufer R.I. for one year and to pay fne of Rs.1000/- each, in default, to sufer further R.I. for three months. The trial court further convicted them for the offence punishable under section 452 read with 149 of the IPC and sentenced to sufer R.I. for one year and to pay fne of Rs.1000/- each, in default, to sufer further R.I. for three months. The appellants have been further convicted for the offence punishable under section 148 of the IPC and sentenced to sufer R.I. for six months and to pay fne of Rs.500/- each, in default, to sufer further R.I. for one month.

(3.) Appellant No.3/accused No.9 died during pendency of the appeal. Appeal, thus, stands abated qua appellant No.3/accused No.9.