AKBAR AND ORS. Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD both sides.

(2.) LEARNED Addl. Sessions Judge, Ahmednagar, in Sessions Case No. 117 of 2006, has convicted present appellants i.e. original accused nos.1 and 4 for the offences punishable under Section 307, 332 and 506 read with 34 of Indian Penal Code. For the offence punishable under Section 307 read with 34 of Indian Penal Code, they were sentenced to suffer R.I. for 5 years and for other offences, lesser punishment was awarded. It was directed that all the sentences shall run concurrently. Fine was also imposed on each count. Aggrieved by the above conviction and sentence, present appeal is preferred by the appellants. The prosecution case, in short, is as under :.

(3.) WHEN the PW 3 - Pandurang - the complainant went to arrest them, at that time, one person, who was lateron disclosed as present appellant no.1/accused no.1 - Akbar suddenly took out a Sattur (a short weapon) from his behind and tried to gave blow of the same. PW 3 Pandurang attempted to avoid the same, however, he had it's brushing injury to his right leg. Thereupon, when appellant no.1 Akbar attempted to give certain blow, PW 3 - Pandurang the complainant, in order to defend himself, placed his left hand forward. Therefore, said blow caused injury to his left forearm. At that time, rest of the co -accused including present appellant no.2 - Lahu, were holding swords in their hands. They were threatening the PW 3 - Pandurang to return back by saying that one police was already killed by them instantaneously in the earlier incident and the complainant would meet the same fate. As those three male persons were about to attack upon the complainant, he warned them if they would march forward, he would have to shoot them. However, those three male accused did not pay heed and rushed towards the complainant. In the situation, the complainant fired two rounds from his service pistol towards all the accused.