STATE OF MAHARASHTRA Vs. RUPRAO HARISCHANDRA TAYADE

JUDGEMENT

(1.) BY this appeal, the Government of Maharashtra seeks enhancement of sentence as ordered by the learned trial Judge in the circumstances mentioned herein after.

(2.) THE incident is of 26-6-1989 around 7 p. m. at village Takli, under Police station Ural where, according to the prosecution, 13 accused persons formed unlawful assembly with the object of committing murder of one Deoman and accordingly assaulted him. The complaint was lodged immediately by one rajaram, on the basis of which, investigation was stated. Accused persons were arrested and on completion of the investigation, they were charge-sheeted in the Court of the Additional Sessions Judge, Akola, under section 302 r/w sections 147, 148, 149 ofl. P. C. and were tried by the learned Judge.

(3.) THE prosecution has examined 21 witnesses to prove its case that un-lawful assembly had the common object of committing murder of Deoman and therefore, the accused persons are liable to be convicted under section 302 I. P. C. along with other sections.