BALASAHEB BHIMSEN PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants in Criminal Appeal No. 217 of 1992 and the appellants in Criminal Appeal No. 211 of 1992 stand convicted in Sessions Case No. 164 of 1990 for the offences punishable under Sections 147, 148, 324 and 302 read with Section 149 of Indian penal Code. For offences punishable under Sections 148 and 149 of IPC, they are sentenced to undergo R.I. for a period of three years and for offences punishable under Section 302 read with Section 149, they are sentenced to undergo rigorous imprisonment for life. The original accused Nos. 1 to 3 are directed to pay compensation of Rs. 5,000/- to the wife of the deceased Balasaheb and the original accused Nos. 4 to 8 are directed to pay compensation of Rs. 500/- each to her by the Addl. Sessions Judge, Sangli vide judgment and order dated 20th February, 1992. Being aggrieved by the said judgment, the appellants herein preferred the present Appeals. The appellants were enlarged on bail by an order dated 20th April, 1992.

(2.) The original accused No. 9 - Vishwas Bapu Shinde was acquitted by the Addl. Sessions Judge for all the offences for which he was tried. The State of Maharashtra filed Criminal Appeal No. 276 of 1992 assailing therein the judgment and order of acquittal. The Appeal was admitted on 29th June, 1992 and an action under Section 390 of Cr.P.C. Was taken against the respondent and it was directed that Criminal Appeal No. 276 of 1992 be heard along with Criminal Appeal Nos. 211 of 1992 and 217 of 1992. Hence, all the Appeals are being decided by a common Judgment.

(3.) The case of prosecution in a nutshell is as follows:-