DEEPAK PARSHURAM SHINDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) APPEAL No. 42 of 1990 is filed by the accused no. 1 against his conviction. Appeal No. 173 of 1990 is filed by the State against acquittal of the accused and Criminal Revision Application No. 118 of 1990 is filed by the complainant.

(2.) FIVE accused in all were prosecuted before the Additional Sessions judge, Solapur, in Sessions Case No. 173 of 1989. They were all college going boys. The case of the prosecution against them was that these accused assaulted number of other boys of the same college and caused the death of Sanjay dhumma. The trial Court found that out of the five accused, accused No. 1 deepak Shinde was found guilty and was convicted under section 304 (Part-II) of the Indian Penal Code and sentenced to suffer R. I. for five years and fine of rs. 3,000/- in default R. I. for three months. The other accused were acquitted by the trial Court. Accused No. 1 was also acquitted of offence under sections 147, 148, 302 read with 149 of IPC and under section 135 and 37 (1) of Bombay police Act. Therefore, the convicted accused No. 1 has preferred his separate appeal vide Appeal No. 42 of 1990. Complainant has preferred Criminal revision Application No. 118 of 1990. The State has filed Criminal Appeal No. 173 of 1990 against the acquittal of the accused.

(3.) WE have heard the Advocates for the accused, Complainant and the learned APP for the State at length.