SANTOSH DEVIDAS BEHADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. Bapat, learned Counsel for the Appellants and Mr. Ahirkar, learned Additional Public Prosecutor for Respondent-State in Criminal Appeal No. 314 of 2001 and Mr. Daga, learned Counsel for the Appellants and Mr. Loney, learned Additional Public Prosecutor for the Respondent-State in Criminal Appeal No. 346 of 2001.

(2.) Both the Criminal Appeals are directed against the common Judgment and Order, dated 03rd September, 2001, passed by Additional Sessions Judge, Pusad, in Sessions Trial No. 101 of 1998 and 13 of 1999, whereby the appellants are convicted for the offence punishable under Section147 of the Indian Penal Code and sentenced to suffer Rigorous Imprisonment for one year and to pay a fine of Rs. 500-00 each, in default of payment of fine, S. I. , for three months. Similarly, the Appellants are also convicted for the offence punishable under Section148 of the Indian Penal Code and sentenced to suffer Rigorous Imprisonment for one year and to pay a fine of Rs. 500-00 each, in default of payment of fine, S. I. , for three months. All the Appellants 1 to 6 are also convicted for the offence punishable under Section302, read with Section149 of the Indian Penal Code and sentenced to suffer Imprisonment for Life and to pay a fine of Rs. 1,000-00 each, in default of payment of fine, S. I. , for six months. All the sentences are directed to run concurrently.

(3.) The complainant Chandrakala along with her sons went near her husband deceased Bharat and noticed injuries on his person, who had already succumbed to those injuries on the spot. THE complainant asked her son Shivcharan (P.W.6) the names of the assailants. Shivcharan told her that the assailants were from village Yehala and gave their names as "namdev Tarpe, Shamrao Behade, Subhash Behade, Santosh Behade, Sahebrao and one unknown person to whom he knew by face. "