SUBHASH RAMBHAU WAGASKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In Regular Criminal Case No. 103/1987 by his judgment and order dated 20-12-1996, learned Judicial Magistrate (First Class) , karjat, convicted in all 9 accused, including the present petitioners, for the offence punishable under section 143 of Indian Penal Code and sentenced them to suffer rigorous imprisonment for 3 months and to pay a fine of Rs. 1,000/-each, in default, to suffer simple imprisonment for 15 days. The accused were further convicted for the offence punishable under section 342 read with section 143 of the Penal Code and sentenced to suffer rigorous imprisonment for 3 months and to pay a fine of Rs. 1,000/-, in default, to suffer simple imprisonment for 15 days. The substantive sentences were directed to run concurrently. The matter was carried in appeal to the Court of Sessions at Ahmednagar. Learned Sessions Judge partly allowed the appeal by setting aside the conviction and sentence of accused Nos. 1 and 4 to 9. He, however, maintained the order of conviction and sentence passed by the trial Court against accused Nos. 2 and 3 i. e. present petitioners. This order is impugned by the petitioners in the present petition.

(2.) Briefly stated, the facts are that the complainant Yuvraj Shinde married sangita, sister of the petitioners, against the wishes of her father Ramchandra @ rambhau. The marriage was solemnized on 23-2-1986. Sangita expired on 18-2-1987. Her father lodged report against complainant Yuvraj and his mother making allegations that they have caused death of Sangita by subjecting her to cruelty. It was also alleged that deceased Sangita was murdered. At the conclusion of trial, complainant and his mother were convicted. On 13-4-1987, complainant lodged a report with Police Station, Karjat, making allegations that in all 20 persons had come to the village in tempo. They came to his Vasti and assaulted himself and his servant Haribhau (PW 2). Both of them were dragged to tempo bearing registration No. MTL-6610, which was parked near Grampanchayat office at village Yergaon. They were rescued from the tempo by prosecution witnesses, namely, Jayram, Ramdas, Bhaurao and Jaba dagdu. The victims were referred to Medical Officer at Mirajgaon for examination and treatment. After completion of investigation, charge-sheet came to be filed against in all 9 accused in the Court of Judicial Magistrate (First class) , Karjat.

(3.) At the conclusion of trial, learned Magistrate found that participation of all the accused in commission of offence is proved. The culprits were 20 in number and had formed an unlawful assembly. Learned Magistrate further found that the offence punishable under section 323 of the Penal Code is not established as the Medical Officer was not examined and the injury certificate was not proved. In this view of the matter, learned Magistrate came to the conclusion, that all the accused (including the present petitioners) , who were members of the unlawful assembly, are liable to be convicted of the offence punishable under section 143 and offence punishable under section 342 read with section 143 of the Penal Code.