MILIND Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants herein are original accused nos. 1, 2 and 6 in Sessions Trial No. 62/2009 on the file of the learned Sessions Judge, Yavatmal. The appellants and three others were tried for the offences punishable under Sections 147, 148, 149, 120-B and Section 302 of Indian Penal Code r/w. Section 4/25 of the Arms Act, for having formed an unlawful assembly, armed with deadly weapons, with the common object causing death of one Parmanand Mishra. By a judgment and order dated 20.8.2011, the learned Sessions Judge convicted the appellants for the offence punishable under Section 302 r/w. 34 of Indian Penal Code and they have been sentenced to suffer imprisonment for life and to pay a fine of Rs. 5,000/- each and in default to suffer simple imprisonment for six months. The appellants have also been convicted for the offence punishable under Section 4/25 of the Arms Act and sentenced to suffer rigorous imprisonment for three years and to pay a fine of Rs. 2,000/- each and in default to suffer simple imprisonment for two months. The appellants, however, have been acquitted of the offences punishable under Sections 147, 148, 149, 120-B of Indian Penal Code. The original accused nos. 3, 4 and 5 were acquitted of all the offences as charged.

(2.) P. W. 11-Girish Yeshwantrao Bobde is the Investigating Officer, who carried out the investigation, in which he recorded the spot panchanama of the scene of occurrence and certain incriminating articles were seized professedly on a confessional statement of the accused. The Investigating Officer recorded the statements of the witnesses and inquest panchanama of the dead body was drawn and it was sent for postmortem examination. The seized articles were referred for the report of the Chemical Analyzer. On completion of investigation, a chargesheet was filed in the Court of Judicial Magistrate First Class at Yavatmal, which was committed to the Court of Sessions.

(3.) The learned Sessions Judge framed charge (Ex. 22) for the offences punishable under Sections 147, 148, 302 r/w. 149, under Section 120-B of Indian Penal Code and under Section 4/25 of Arms Act against the appellants and the other accused, to which the appellants pleaded not guilty and claimed to be tried.