ASHOK TUKARAM PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is an appeal filed by the appellant-accused No. 1 and appellant-accused No. 2 against the judgment and order passed by the Sessions Court at Raigad, Alibag dated 10th February, 1999 whereby, the appellants have been convicted for the offence punishable under section 302 read with 34 of the I. P. C. and sentenced to suffer life imprisonment and to pay a fine of Rs. 1,000/- and, in default, to undergo rigorous imprisonment for six months each. Accused Nos. 3 to 5 are convicted for the offence punishable under section 323 read with section 34 of the I. P. C. Therefore, the present appeal only by appellants Nos. 1 and 2 against the order of conviction.

(2.) ALL accused Nos. 1 to 5 were tried on the charge of commission of offence punishable under sections 147, 148, 302, 201 read with section 149 and in the alternative, under section 34 of the Indian Penal Code and also under section 37 (1), (3) read with section 135 of the Bombay Police Act, 1951.

(3.) THE communal riots erupted at Pen City on 26th September, 1996 the day of Ganpati immersion and that resulted in indiscriminate firing by the police. The curfew was also clamped to maintain law and order. In the firing, three persons belonging to the Hindu Community died and three were injured.