DHONDIRAM BALU DHOTRE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard rival arguments on this Criminal Appeal preferred by the appellants/orig.accused Nos.1, 2, 4 & 5 challenging the judgment and order of conviction dated 17.2.2003 passed by the II Additional Sessions Judge, Pandharpur in Sessions Case No.64 of 2000. By the impugned judgment and order, the appellants/orig.accused Nos.1, 2, 4 & 5 were convicted for the offence punishable under Sections 147, 148, 302 read with 149 and 324 read with 149 of IPC. The major punishment inflicted on the said appellants/accused is punishable under Section 302 read with 149 of IPC whereby they were sentenced to suffer imprisonment for life and to pay fine of Rs.500/ each, in default to suffer further imprisonment for a period of two months each. They were sentenced to suffer other minor sentences for other offences. Each of the substantive sentences were directed to run concurrently. By the said impugned judgment and order, all the appellants/accused were acquitted of the offence punishable under Section 396 of IPC and also of the offence punishable under Section 135 read with Section 37(1) of the Bombay Police Act.

(2.) Being aggrieved by the said judgment and order, appellants/accused Nos.1, 2, 4 & 5 preferred the present appeal. During pendency of the appeal, appellant Nos.1 & 4 were on bail. However, during pendency of the appeal appellant No.4/original accused No.5 died leaving present three appellants i.e. original accused Nos.1, 2 & 4 in the matter.

(3.) The case of the prosecution, in nutshell, is as under :