BABAN BANDU PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present appellants were accused Nos.1,2 and 4 in Sessions Case No.93 of 2001 along with four others. The accused have faced trial for the offences punishable under Sections 147, 148, 302, 307, 324 read with 149 of Indian Penal Code (IPC). Learned II Additional Sessions Judge, Dhule (trial Judge) at the conclusion of trial, held appellants guilty for the offence punishable under Section 302 read with Section 34 of IPC and sentenced them to suffer imprisonment for life and to pay fine of Rs.100/-, in default, to suffer simple imprisonment for seven days. They have also been convicted for the offence punishable under Section 324 read with Section 34 of IPC and sentenced to suffer rigorous imprisonment for six months and to pay fine of Rs.100/-, in default, to suffer simple imprisonment for seven days. Substantive sentences were directed to run concurrently. Set off of the detention period is also given to the appellants. These appellants have been acquitted for other offences with which they were charged.

(2.) The facts in brief, necessary for consideration of this appeal, are listed herein below:-

(3.) On committal of the case to the Court of Sessions, charge was framed by the learned Additional Sessions Judge, Dhule on 12.12.2004 at Exhibit 15. All accused (in all 8 including the appellants) were charged. Accused Nos.1 to 8 were charged for the offence under Section 147 of IPC, accused Nos.1 to 8 were also charged for the offence under Section 148 of IPC, accused No.1 was charged for the offence under Section 302 of IPC, accused Nos.1 and 2 were charged for the offence under Section 307 read with 149 of IPC and accused Nos.1 to 8 were charged for the offence under Section 324 read with 149 of IPC. The charges were explained to the accused persons and they have denied the same and claimed to be tried.