SURESH PUNDLIK HADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is a Criminal Revision application by original accused No. 1. He is aggrieved by the Judgment and order passed by the Sessions Court, Buldhana, where the learned Sessions Judge had dismissed the present appellant's appeal and allowed the appeal filed by the another original accused no. 13, whereby the Sessions Court had confirmed the Judgment and order of the Trial court dated 25-9-98 in Reg. Criminal Case no. 262 of 95 against the present appellant whereby trial Court convicted the appellant for the offence under Sections 341, 435 of I. P. C. for Simple Imprisonment for one year and six months and fine in default.

(2.) The facts leading to the case are that on 16-12-1995, the accused along with other 12 persons stopped M. S. R. T. C. Bus bearing No. MWY-9482 requiring the Driver and other passengers to get down and thereafter, set the bus on fire. The complaint was filed by the Driver Ashokappa Jallapa Pakhara. In the complaint, he narrated the story as can be drawn from the translation of the complaint which is placed on record namely :

(3.) In the trial, various witnesses were examined amongst whom the evidence of the complainant who is witness No. 5 for the prosecution is material. The learned Trial court after hearing the evidence found that though charge-sheet was filed against in all 13 accused persons, the prosecution has failed to bring home the charge against the accused persons except the accused Nos. 1 and 13. Though according to the complaint, it was a case of an offence committed by unlawful assembly, the Trial Judge found that :-