SUBHASH DEVIDAS DESHMUKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard finally, by consent.

(2.) Writ Petitioner Subhash Devidas Deshmukh, along with other fourteen accused, was prosecuted vide Sessions Trial No.149 of 2004 before the Court of Sessions Judge, Parbhani. The fifteen accused were charged with offences punishable under Sections 148, 341, 504, 302, 307, 323, 324 read with 149 of Indian Penal Code, 1860 ("I.P.C." in brief). Writ Petitioner was accused No.13 in the sessions trial. At the conclusion of the trial, some of the accused were convicted and imposed different sentences. As far as regards the writ Petitioner, he was acquitted for the offences punishable under Section 302 read with 149 of I.P.C. and 504 read with 149 of I.P.C. Petitioner was found to be inflicted stab injury by knife on abdomen of one PW3 Keshav, which was found to be of serious nature. He was convicted for the offence punishable under Section 148 of I.P.C. and sentenced to suffer simple imprisonment for one year and to pay a fine of Rs.500/, in default to suffer simple imprisonment for one month. For offence punishable under Section 307 of I.P.C., he was convicted and sentenced to suffer rigorous imprisonment for seven years and to pay fine of Rs.2,000/, in default to suffer rigorous imprisonment for one year. For offence punishable under Section 341 read with Section 149 of I.P.C., he was sentenced to pay fine of Rs.500/, in default to suffer simple imprisonment for one month.

(3.) The writ Petitioner as well as the other convicted accused preferred Criminal Appeal Nos. 784 of 2006, 781 of 2006, 815 of 2006 and Criminal Appeal No.394 of 2007, to this High Court. Writ Petitioner was Appellant No.4 in Criminal Appeal No.784 of 2006. By Judgment dated 16th September, 2009 of this High Court, all the above Appeals came to be disposed. The conviction and sentences as far as regards writ Petitioner are concerned, were maintained.