VISHWANATH RAM MHATRE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) ALL these appeals can be conveniently disposed of by this common judgment as they arise out of a common judgment and order dated 19-3-1998 passed by the learned Additional Sessions Judge, Raigad Alibag in Sessions Case No. 133 of 1996 and Sessions Case No. 67 of 1997, which was cross case, adjudicated simultaneously.

(2.) IN Sessions Case No. 133 of 1996 in all 18 accused persons were involved, out of which accused Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 18 were convicted for offences punishable under sections 147 and 148 of I. P. C. and sentenced to suffer R. I. for one year and to pay fine of Rs. 500/- in default to suffer R. I. for three months. Accused Nos. 1, 3, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 18 were convicted for offences punishable under section 452 r/w 149 of I. P. C. and were sentenced to suffer R. I. for two years and to pay fine of Rs. 500/in default to suffer R. I. for three months. Accused Nos. 1, 2, 3, 4, 5, 6, 7 and 18 were convicted for offences punishable under section 302 r/w 149 of I. P. C. and were sentenced to suffer life imprisonment and to pay fine of Rs. 1000/- in default to suffer R. I. for three months. Accused Nos. 1 and 2 were convicted for offences under section 25 (1 ) (a) of the Arms Act and were sentenced to suffer R. I. for two years and to pay fine of Rs. 500/- in default to suffer R. I. for three months. Accused No. 2 Sharad who was convicted for offence punishable under section 307 of I. P. C. for attempting to cause death of witness Damayanti and was sentenced to suffer R. I. for five years and to pay fine of Rs. 500/- in default to suffer R. I. for three months. Accused No. 2 was also convicted for offence punishable under section 307 of I. P. C. for attempting to cause death of witness Arjun and was sentenced to suffer R. I. for five years and to pay fine of Rs. 500/- in default to suffer R. I. for three months. The substantive sentences were directed to run concurrently. Accused No. 17 was acquitted of all the charges. In Sessions Case No. 67 of 1997, which is a cross case, in all eight accused persons were charged for offences punishable under sections 149, 336 r/w section 149, 452 r/w 149 of I. P. C. along with sections 147, 427 r/w 149 of I. P. C. However, accused Nos. 4, 5, 7 and 8 from the said Sessions case only were acquitted for offences under sections 147, 427 r/w 149 of I. P. C. Accused Nos. 1, 2, 4 and 6 were also convicted for offence punishable sections 147, 427 r/w 149 of I. P. C. and were sentenced to suffer R. I. for one year and to pay fine of Rs. 500/- in default to suffer R. I. for three months. The said accused were also sentenced to suffer R. I. for one year and to pay fine of Rs. 500/- in default to suffer R. I. for three months for offences punishable under section 427 r/w 149 of I. P. C. All substantive sentences were directed to run concurrently. It may be noted that Criminal Appeal No. 443 of 1998 arise out of cross complaint i. e. Sessions Case No. 67 of 1997 and therefore, the said appeal shall be taken up for consideration subsequently i. e. after earlier four appeals are dealt with. However, it may be noted that earlier four appeals as well as cross appeal arise out of same cause of incident.

(3.) THE facts giving rise to the said cases, in nutshell, are thus -