JAMBYA BIRMYA CHAVAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal arises from the order of conviction and sentence dated 31-8-1987 passed by the learned IInd Additional sessions Judge, Ahmednagar, in Sessions Case Nos. 46 of 1987 and 94 of 1987. All the eight appellants were charged of offences punishable under sections 147, 148, 149, 302 read with section, 149, section 302 read with section 34, section 436 read with section 34 and section 323 read with section 34 of i. P. C. As the accused No. 8 was not traceable for some time, on the basis of the first charge-sheet submitted against Accused Nos. 1 to 7, Sessions Case no. 46 /1987 was registered. On the arrest of accused No. 8, a supplementary charge-sheet was submitted and on its committal, Sessions Case No. 94/ 1987 came to be registered. As per the pursish (Exhibit 12) moved by the learned Additional Public Prosecutor on 18-8-1987, evidence was recorded jointly. The accused came to be acquitted for the offences punishable under sections 147, 148, 302 read with section 149, section 436 read with section 149 and section 436 read with section 34 of I. P. C. However, Accused Nos. 1 and 6 have been convicted and sentenced for an offence punishable under section 302 read with section 34 of I. P. C. and accused No. 1 is held to be guilty for the offence punishable under section 302 I. P. C. simpliciter. Both of them were sentenced to suffer life imprisonment. Accused No. 1 is also held to be guilty for the offence punishable under section 436 of I. P. C. and sentenced to suffer rigorous imprisonment for 2 years. Accused Nos. 2, 3, 4, 5, 7 and 8 are held guilty for the offence punishable under section 323 read with section 34 of I. P. C. and ordered to suffer simple imprisonment for 6 months and to pay a fine of Rs. 200/- each.

(2.) WHILE admitting the appeal the appellants/accused were released on bail and they continue to be so as at present.

(3.) THE Accused Nos. 1 to 4 and 8 are the sons of accused No. 5, Birmya tukaram Chavan; whereas accused No. 6 is wife of accused No. 1 and accused No. 7 is the wife of accused No. 2. All the accused are thus members of the same family. P. W. 3, Ahilya Tukaram Chavan, is the brother of accused No. 5. P. W. 2, Sulbha, is the wife of P. W. 3, Ahulya, and P. W. 4 Antri is the wife of deceased Udaibhan who was one of the three sons of P. W. 2 and P. W. 3.