KISHOR MAHADEV TARKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By these appeals, the appellants have challenged the judgment and order of conviction rendered by the learned Additional Sessions Judge, Greater Bombay in Sessions Case No.1362 of 1997 on 24th November, 1998 by which the appellants have been convicted of the offences punishable under sections 144, 148, 302 r/w 149 of the Indian Penal Code (for short 'I.P.C'). They have been acquitted of the offences punishable under sections 452 r/w 149 or 452 r/w 34 as well as offences under sections 427 r/w 149 or under section 427 r/w section 34 of the I.P.C.

(2.) The prosecution case, in a nutshell, can be summarized as follows;

(3.) On 14th July, 1997 at about 9.15 p.m, deceased Santosh was proceeding towards Datta Mandir. P.W.1-Pravin Iyre (complainant) was following him. Suddenly, they noticed a mob consisting of all the accused and others armed with deadly weapons coming towards deceased Santosh. Deceased Santosh tried to run away, but was chased by the mob. The mob nabbed him near one 'Shinde Saloon ' and it was alleged that absconding accused namely Vinayak assaulted deceased Santosh by means of a chopper.