BALAJI AND ORS. Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) BEING aggrieved by the Judgment and order dated 6th December 2010 passed by the Additional Sessions Judge -I Nanded in Sessions Case No. 123 of 2006, by which the Appellants, original Accused Nos. 1 -Balaji s/o Abaji Puyed, No. 2 -Kashinath s/o. Maruti Puyed, No. 3 -Sitaram s/o. Abaji Puyed, No. 4 -Nandaji s/o. Nagorao Puyed, No. 5 -Raosaheb s/o. Ramji Puyed, No. 6 -Narayan s/o. Ramji Puyed, No. 7 -Dnyaneshwar s/o. Ramji Puyed, No. 9 -Digamber s/o. Ramji Puyed, No. 17 -Balaji s/o. Bhimrao Lakhe, No. 18 -Gajanan s/o. Abaji Puyed, No. 25 -Keshav s/o. Tukaram Pawar and No. 27 -Shivraj s/o. Keshav Pawar, were convicted for the offences punishable under Section 302 read with Section 149 of the Indian Penal Code and were sentenced to undergo imprisonment for life with fine of Rs. 2000/ - each and in default to suffer further imprisonment of three months, and for offence under Section 120 -B of Indian Penal Code and were sentenced to undergo imprisonment for three years and fine of Rs. 1000/ - each and in default to suffer further imprisonment for two months, and for offence under Section 147 of the Indian Penal Code and sentenced to undergo imprisonment for one year and fine of Rs. 500/ - and in default to suffer further imprisonment for 15 days each, and under Section 148 of the Indian Penal Code and sentenced to undergo imprisonment for one year and fine of Rs. 500/ - and in default to suffer further imprisonment for 15 days each, and under Section 427 of the Indian Penal Code sentenced to undergo imprisonment for three months and fine of Rs. 500/ - and in default to suffer further imprisonment for 15 days each, the instant Appeal was preferred by them in this Court.

(2.) THE prosecution was lodged by the State through Police Station Nanded Rural, in all against 27 accused persons of village Punegaon and Amdura. Out of 27 accused, one accused No. 24 - Nagoba @ Naga Namdeo Puyed, age -75 years, died during trial. Following is the position in respect of the convicted persons and acquitted persons under the impugned Judgment: -

(3.) THUS , the acquittal of above acquitted persons has been confirmed by this Court. This Court is, therefore, required to examine the Appeal filed by the convicted persons, namely the Appellants herein.