MOHAMMAD INAMDAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants in both these appeals have challenged the impugned judgment and order dtd. 9/5/2000 passed by the learned Additional Sessions Judge, Osmanabad (hereinafter referred to as 'the learned Trial Court') in Sessions Case No.63 of 2000. The appellant in Criminal Appeal No.238 of 2000 is original accused No.1 in aforesaid case who has been convicted for the offence under Ss. 304 Part"I, 323 and 337 of the Indian Penal Code ('I.P.C.' for short) and sentenced to suffer imprisonment as mentioned in the operative part. The appellants in Criminal Appeal No.240 of 2000 are in fact original accused Nos.2 to 8 who have been convicted only for the offence under Sec. 337 of the I.P.C. and fne of Rs.300.00 each is imposed upon them.

(2.) The prosecution story in brief is as under :

(3.) After getting information about the incident, head"constable Mr. Surwase reported it to A.P.I. Mr. Reddi of Naldurg Police Station. Accordingly, head"constable Mr. Surwase went to Solapur Hospital for recording statements of injured ' Baswaraj Jamadar and on the basis of said statement crime was registered in Naldurg Police Station vide C.R. No.69 of 1999 under Ss. 147, 148, 149, 302, 307, 323, 324 and 337 of I.P.C. The A.P.I. ' Mr. Reddi conducted the investigation and after completion of the same fled charge"sheet against the accused ' appellants under the aforesaid Sec. . The learned Trial Court conducted trial and convicted the appellants ' accused as mentioned above.