SALMAN IQBAL PATEL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Applicants were the Accused Nos.1 and 2 before the Judicial Magistrate First Class, Andheri in R.C.C. No.820 of 2009. They were convicted by the learned Judge vide his judgment and order dtd. 26/11/2013 for commission of offence punishable under Sec. 325 r/w 34 of Indian Penal Code (for short " I.P.C ."). They were sentenced to suffer rigorous imprisonment for six months and to pay a fine of Rs.5,000.00 each and in default to suffer rigorous importance for one month each. The fine amount is directed to be paid to the injured Danish Shaikh towards the compensation.

(2.) The Applicants challenged the order in Criminal Appeal No.98 of 2019 before the Additional Sessions Judge, Panvel. The Appeal was partly allowed vide order dated 19 th August 2023. The conviction was altered from Sec. 325 r/w. 34 of the I.P.C . to Sec. 323 r/w 34 of I.P.C . They were sentenced to suffer rigorous imprisonment of three months. They were directed pay fine of Rs.5,000.00 each and in default to suffer imprisonment for one month each. The amount was directed to be paid to the injured Danish as compensation under Sec. 357 of Criminal Procedure Code, 1973.

(3.) Heard learned Counsel for the Applicants. Since the compensation is directed to be paid to the injured Danish, he is a necessary party. Therefore, learned Counsel for the Applicants shall add the injured Danish as a party Respondent. Amendment shall be carried out forthwith.