RAMESH BABURAO DEVASKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE accused Nos. 1 to 11 in the original sessions case No. 155 of 1994 were prosecuted for offence under section 302 read with 149 of Indian Penal Code for causing international death of two persons in kolhapur City. The sessions case was tried by II Additional sessions Judge, kolhapur who acquitted accused Nos. 4, 8 and 10 and convicted rest of the accused under section 302 read with 149 of I. P. C. Accused No. 9 was also convicted under section 302 simplicitor. All the accused being aggrieved by their conviction have preferred these various appeals.

(2.) (A) The Criminal Appeal No. 48 of 1996 is filed by accused No. 5 who has been sentenced under section 302 read with 149 of I. P. C. (b) Criminal Appeal No. 65 of 1996 is filed by accused No. 7 who has been convicted under section 302 read with 149 of I. P. C. to suffer imprisonment for life. (c) Criminal Appeal No. 92 of 1996 is preferred by accused No. 9 challenging his conviction under section 302 I. P. C. and both accused Nos. 9 and 11 challenging their conviction under section 302 read with 149 of I. P. C. (d) Criminal Appeal No. 96 of 1996 is filed by accused No. 3 questioning his conviction and sentence under section 302 read with 149 of I. P. C. (e) Criminal Appeal No. 97 of 1996 is preferred by accused Nos. 1 and 2 questioning their conviction under section 302 read with 149 of I. P. C. requiring both of them to suffer imprisonment for life. (f) Criminal Appeal No. 114 of 1996 is preferred by accused No. 6 who was sentenced to suffer imprisonment for life under section 149 of I. P. C. (g) There is also a Revision Application bearing Criminal Revision Application No. 48 of 1996 preferred by original complainant questioning the acquittal of accused Nos. 4, 8 and 10.

(3.) THE learned Counsel appearing for various appellants and the learned p. P. appearing for the State agree that since the appeals arise out of only one sessions case bearing No. 155 of 1994, they can be conveniently heard and decide together by a common order. Hence the hearing was taken up together and this order will govern and decide all those appeals mentioned above.