PUNDLIK BHIVSAN PAIMODE Vs. THE STATE OF MAHARASHTA

JUDGEMENT

(1.) It is an appeal under Section 374(2) of the Code of Criminal Procedure, 1973, preferred by the accused nos.1 to 3, 6, 7 and 16 against the conviction recorded in Sessions Case No.111 of 1991 by the II nd Additional Sessions Judge, Malegaon for the ofences punishable under Section 147, 148 and 307, 452, 506II, 323 read with Section 149 of the Indian Penal Code, 1860 ('IPC' for short) and imposed sentence, particulars of which are as under ;

(2.) Pending appeal, accused no.6 had passed away, therefore appeal abates against him.

(3.) Prosecution case in brief is that, accused (eighteen in numbers) being members of unlawful assembly, in prosecution of the common object, assaulted P.W.7-Laxmibai and her husband Pandit Jadhav (P.W.3) with dangerous weapons like swords in an attempt to cause their death on 2nd February, 1991, in the day light. MOTIVE: