ANIL TUKARAM GAIKWAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel for the Appellants - Original Accused Nos. 2 to 5 and learned APP for the State.

(2.) Criminal Appeal No. 772 of 1989 is filed by the Appellants - Original Accused Nos. 2 to 5 challenging their conviction under Sections 147, 148, 307 r/w. 149, 325 r/w. 149, 326 r/w. 149 and also under Section 506 r/w. 149 of I.P.C. They were sentenced for one year under section 147, one year under Section 148, five years with fine under section 307 r/w. 149, under section 325 r/w. sec. 149 no separate sentences are imposed, one year under section 506 r/w. 149. All the substantive sentences to run concurrently. Criminal Appeal No. 110 of 1990 is filed by the State for enhancement of the sentence. There were in all five accused. But the accused No.1 is absconding.

(3.) All the accused are related. They were residing in on house but were separate in mess and residence. Absconding Accused No. 1 and original accused Nos. 3 and 5 are the real brothers. Original Accused Nos. 2 and 4 are the sons of original accused No. 5.