JAIPRAKASH Vs. STATE OF MAHARASTRA

JUDGEMENT

(1.) The appellants have approached this Court being aggrieved by the Judgment and Order delivered by the learned Additional Sessions Judge in Sessions Trial No. 319 of 2000 thereby convicting appellant No. 1 for the offence punishable under Section 302 of the Indian Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Rs. 3,000/-; in default to suffer rigorous imprisonment for a period of six months. Accused Nos. 2 to 5 were convicted for the offence punishable under Section 325 r/w. 34 and 323 r/w. 34 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for a period of three years and to pay a fine of Rs. 1,000/- each, in default to suffer rigorous imprisonment for two months for the offence punishable under Section 325 r/w. 34 of the Indian Penal Code and for the offence punishable under Section 323 r/w. 34 of the Indian Penal Code, they were sentenced to suffer rigorous imprisonment for a period of two months. The prosecution case, in brief, is as under:

(2.) Thereafter, complainant Uday had gone to his house. Accused Nos. 1 to 5 attacked Dr. Ramrao Dote, Baba Dhote, Nitin Kothe and Gangadhar Kothe with sticks and gupti. Accused No. 1 Jaiprakash also assaulted Gangadhar Kothe with gupti on his neck.

(3.) On the basis of complaint of Uday (PW-2), crime No. 16 of 2000 for the offence punishable under Section 147, 148, 149, 324 and 302 of the Indian Penal Code was registered against the accused. During the investigation, accused No. 6 Shakuntalabai was also added as an accused. At the conclusion of the trial, the Investigating Officer filed a charge sheet against accused Nos. 1 to 6 before the learned Judicial Magistrate, First Class, Narkhed. Since the case was exclusively triable by the Court of Session, it came to be committed to the learned Sessions Court. During pendency of the trial, accused No. 6 Shakuntalabai died and as such, the case was abated against her.