UTTAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE learned Judicial Magistrate, F.C., Court No. 12, Aurangabad vide his Judgment and Order dated 9th June, 1999 passed in Regular Criminal Case No. 724 Of 1991 convicted Applicant Nos. 1 to 3 for the offence punishable U/Section 325 read with 34 of the Indian Penal Code and sentenced them to suffer Simple Imprisonment for three months and to pay fine of Rs. 200/ -, each and in default, directed them to suffer Simple Imprisonment for eight days. Applicant No. 4 was convicted for the offence punishable U/Section 325 of the Indian Penal Code and she was sentenced to imprisonment till rising of the court and to pay fine of Rs. 500/ - and in default to suffer further Simple Imprisonment for ten days.

(2.) BEING aggrieved and dissatisfied by the said verdict, the applicants have preferred Criminal Appeal No. 60/1999 in the Sessions Court, Aurangabad. The learned 1st Ad hoc Addl. Sessions Judge, Aurangabad vide his Judgment and Order dated 16th April, 2001 partly allowed the said Criminal Appeal and the order of conviction and sentence passed by the learned Magistrate against the applicants for the offence punishable U/Sections. 323, 504 read with 34 of the Indian Penal Code was set aside and they were acquitted from the said offences. Vide said Judgment the order of conviction and sentence of applicant Nos. 1 to 3 for the offence punishable U/Section 325 read with 34 of the Indian Penal Code was confirmed. The order of conviction passed by the learned Magistrate convicting Applicant No. 4 for the offence punishable U/Section 325 read with 34 of the Indian Penal Code was set aside. The order of conviction and sentence passed by the learned Magistrate convicting Applicant Nos. 1 to 3 for the offence punishable U/Section 506 read with 34 of the Indian Penal Code was set aside and they were acquitted from the said offence. However, the learned lower appellate court confirmed the conviction and sentenced of Applicant Nos. 1 to 3 for the offence punishable U/Sections. 325 read with 34 of the Indian Penal Code and also confirmed the conviction and sentence of Applicant No. 4 for the offence punishable U/Sec. 506 of the I.P.C.

(3.) I have heard Shri. V.D. Sapkal, learned counsel for the applicants and Shri. V.H. Dighe, learned A.P.P. for the State of Maharashtra.