ISHWARDAS AND ANOTHER Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Shri R. M. Patwardhan, the learned counsel for the applicants, and Shri Rajeev Madkholkar, learned Additional Public Prosecutor, for the State.

(2.) The learned counsel for the applicants mainly contended that since the incident related to the year 1984 and the conviction of the accused/applicants under Sections 147, 148, 149, 324 and 452 of the Indian Penal Code was passed almost after six years of the incident and the appeal took more than four years, the accused/applicants should be extended the benefit of probation under Sec. 360 of the Code of Criminal Procedure. Shri Patwardhan also submitted that at the time of the incident, the accused/applicants were about 35 years of age and they have no previous conviction or criminal antecedent. In the alternative, Shri Patwardhan also submitted that the sentence awarded by the courts below should be reduced to already undergone.

(3.) The accused/applicants, who were accused Nos. 11 and 10 respectively in the charge-sheet, were tried for the offences under Sections 147, 148, 149, 307 and 452 of the Indian Penal Code along with 14 other accused persons and the Second Assistant Sessions Judge, Amravati, on 24-9-1990 after recording the evidence and hearing the Additional Public Prosecutor and the learned counsel for the accused persons, convicted seven accused persons for the offences under Sections 147, 148, 149, 324 and 452 of the Indian Penal Code, including the present applicants. The seven accused persons, who were convicted by the Second Assistant Sessions Judge, Amravati, on 24-9-1990, preferred two separate appeals and the Additional Sessions Judge, Amravati, heard both the appeals together and by the judgment dated 23-12-1994 maintained the conviction and sentence. PW 10 Ravindra, PW 11 Premdas and PW/12 Champatrao were assaulted in the incident and, therefore, their presence cannot be doubted and their deposition has been rightly relied upon by the courts below in convicting the accused/applicants for the offences under Sections 147, 148, 149, 324 and 452 of the Indian Penal Code and the finding of conviction concurred by the courts below does not warrant any interference by this Court.