AMIR JAMAL KHAN PATHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THESE three appeals arise out of the judgment and order dated 30th April, 1991 passed by the learned 3rd Additional Sessions Judge, Thane, in Sessions Case No. 122 of 1989, whereby the appellants--accused have been convicted for an offence punishable under section 302 read with section 149 I. P. C. and sentenced them to undergo R. I. ,. for life and to pay a fine of Rs. 500/-, in default to suffer further R. I. for 3 months.

(2.) TWO separate appeals have been filed against the order of conviction and sentence viz. , Criminal Appeal No. 366 of 1991 filed by original accused Nos. . 1 and 5 and Criminal Appeal No. 390 filed by original accused Nos. 2 to 4. The State has also preferred an appeal for enhancement of the sentence, being Criminal Appeal No. 365 of 1991. Thus, all these three appeals have been heard together.

(3.) THE respective appeals filed by the convicted accused challenge the order of their conviction and sentence for the offence punishable under section 302 read with section 149 I. P. C. sentencing them to undergo R. I. for life on the accusation that the appellants--accused and 2 more accused who have been tried along with the present appellants--accused but have been acquitted by the same order of the learned Judge, have committed murder of five innocent persons by pouring petrol in their room after closing and locking the door from outside, so that the victims could not come out of the room, and setting the said room on fire. Therefore, it would be necessary to narrate the prosecution story in brief.