APPASAHEB Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) All the ten appellants in present two appeals were charged of the commission of offences punishable under sections 143, 147, 148, 302 read with 149, 307 read with 149, 324 read with 149, 323 read with 149 and 504 read with 149 of the Indian Penal Code. Additionally, appellant No. 1-Appasaheb in Criminal Appeal No. 522 of 2012 i.e. original accused No. 1 was charged of the offence punishable under section 504 of Indian Penal Code; section 3 read with section 25(1-B)(a) of the Arms Act, while appellant No. 1 in Criminal Appeal No. 73 of 2012 i.e. original accused No. 5 was charged of commission of offence punishable under section 4 read with section 25(1-B)(a) of the Arms Act. Learned Sessions Judge, however, convicted all appellant accused for the offences punishable under section 304 Part I read with section 149 of the Indian Penal Code. They were, however, sentenced differently by categorizing them in 3 categories.

(2.) Appellant Nos. 1 to 3 in Criminal Appeal No. 522 of 2012 (Original accused No. 1 to 3) were sentenced to suffer rigorous imprisonment for 10 years and to pay fine of Rs. 3000/-, in default they were directed to suffer further simple imprisonment for six months. Accused Nos. 4 to 9 i.e. present appellant No. 4 in Criminal Appeal No. 522 of 2012 along with appellants in Criminal Appeal No. 73 of 2012, were sentenced to suffer rigorous imprisonment for seven years and to pay fine of Rs. 3000/- each, in default to suffer simple imprisonment for six months. Accused No. 10 Ganesh i.e. appellant No. 6 in Criminal Appeal No. 522 of 2012 was sentenced to suffer rigorous imprisonment for three years and to pay a fine of Rs. 3000/-, in default to suffer simple imprisonment for six months. All the accused were further convicted for the offence punishable under section 324 read with section 149 of the Indian Penal Code and were sentences to surfer rigorous imprisonment for two years and to pay a fine of Rs. 1000/- each, in default to suffer simple imprisonment for three months. No separate sentences were awarded for the offences punishable under section 323 read with 149, 143, 147 and 148 of the Indian Penal Code. Original accused No. 1 Appasaheb i.e. appellant No. 1 in Criminal Appeal No. 522 of 2012 was further convicted for the offence punishable under section 3 read with 25(1-B)(a) of Arms Act and was sentenced to suffer rigorous imprisonment for one year and to pay a fine of Rs. 1000/- in default to suffer simple imprisonment for three months.

(3.) Further, though learned Sessions Judge did not record specific acquittal of the offence punishable under section 302 read with section 149 of the Indian Penal Code, the appreciation of evidence and the law on the subject made in the judgment would show that the learned Sessions Judge came to the conclusion that the bullet injury caused to the deceased at the hands of accused No. 1-Appasaheb i.e. appellant No. 1 in Criminal Appeal No. 522 of 2012, in the facts of the case would not amount to culpable homicide amounting to murder, but would be an offence punishable under section 304 Part I read with section 149 of the Indian Penal Code.