BHAGWAN TRIMBAK GARDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appeal is called out for hearing.

(2.) The present Appellants along with other accused persons numbering ninety faced a trial for alleged commission of offences by them under Sections 147, 148, 307, 395, 120-B, 323 and 427, all read with Section149 of Indian Penal Code, and Section37 (1) (3), read with Section135 (1) of the Bombay Police Act, wherein the present appellants were held guilty for offences under Sections 147 and 148 of Indian Penal Code, Section135 (1) (3) of the Bombay Police Act, as well as Section307, read with Section149 of Indian Penal Code, and sentenced to Rigorous Imprisonment for [a] one year on each count with a fine of Rs. 1,000=00 each, in lieu whereof, Rigorous Imprisonment for six months on each count, [b] six months with a fine of Rs. 1,000=00 each, and, on failure to pay the same, Rigorous Imprisonment for two months, and [c] seven years with a fine of Rs. 5,000=00 each, in lieu of which, Rigorous Imprisonment for one year, on the first, second, third and fourth counts respectively.

(3.) Testimony of witnesses varies on the role played by remaining accused, i. e. , Accused Nos. 1 and 3 to 5.