LAWS(BOM)-2021-11-279

NAMDEO TULSHIRAM MOHADKAR Vs. STATE OF MAHARASHTRA

Decided On November 16, 2021
Namdeo Tulshiram Mohadkar Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) The appellants have filed the present Appeal, being aggrieved by their conviction under the impugned judgment dtd. 11/2/1998 by the Addl. Sessions Judge, Nashik in Sessions Case No. 6 of 1997, thereby convicting all the three appellants under Sec. 324 of Indian Penal Code (hereinafter for short 'IPC') and sentencing them to suffer RI for six months and to pay fine of Rs.500.00 each, in default to undergo SI for two months. The appellant nos.1 and

(2.) are also aggrieved by their conviction for the offence punishable under Sec. 325 of the IPC, and being sentenced to undergo RI for five years and to pay fine of Rs.500.00 each, in default to undergo SI for two months. 2. While admitting the Appeal on 26/2/1998. The appellants were ordered to be released on bail and the sentence of Imprisonment came to be suspended till the decision of the Appeal. It is informed that all the Appellants have deposited an amount of fine as ordered and are presently on bail.

(3.) The appellants came to be charge-sheeted by the Addl. Sessions Judge, Nashik along with four other accused in respect of an incident which is alleged to have taken place on 18/8/1996 at village Ghubadsaka at around 8.30 p.m, when they are alleged to have formed an unlawful assembly, with the common object of committing an offence of rioting with deadly weapons being armed with sticks and wooden logs. All the seven accused persons were also charged for an offence punishable under Sec. 148 and 149 of IPC and under Sec. 302 IPC, for causing death of one Sitaram Ramji Tumbade. Further, for assaulting one Namdeo Shivram Gahale and one Sitaram Kashiram Gahale with wooden sticks, they were charged for the offence punishable under Sec. 324 read with Sec. 34 of IPC along with the relevant provisions of the Bombay Police Act. In the alternative, accused nos.1 and 2 were charged for committing an offence punishable under Sec. 302 read with Sec. 34 of IPC for committing murder of Sitaram Tumbade in furtherance of the common intention on the date of incident, pursuant to which he succumbed to the injuries. Accused nos.4 and 5 came to be charged under Sec. 324 r/w Sec. 34 of the IPC for assaulting Namdeo Gahale. Similarly, accused nos.6 and 7 were also charged under Sec. 324 of the IPC for assaulting Soma Dive with sticks and voluntarily causing hurt to him.