SHOBHARAM DADU KASLEKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Challenge is to the judgment and order dated 25.03.2004 in Sessions Trial 123/1998 delivered by 1 st Adhoc Additional Sessions Judge, Achalpur, by and under which, appellant 1-Shobharam Dadu Kasdekar is convicted for offence punishable under section 324 of the Indian Penal Code and is sentenced to suffer rigorous imprisonment for two years and to payment of fine of Rs.200/- and appellant 2-Asaram Dhurve is convicted for offence punishable under section 323 of IPC and is sentenced to suffer rigorous imprisonment for six months and to payment of fine of Rs.200/-.

(2.) The appeal was called out on 03.10.2017. There was no appearance on behalf of the appellants and subject to payment of costs the hearing was adjourned to 06.10.2017. However, the appeal was listed for final hearing on 09.10.2017. Again, there was no appearance on behalf of the appellants. It was noticed that the learned counsel for the appellant had not collected the paper-book. This Court heard the learned Additional Public Prosecutor for sometime and adjourned the hearing to 13.10.2017 making it clear that if there is no appearance on behalf of the appellants, the appeal shall be decided on merits. Since there was no appearance on behalf of the appellants on 13.10.2017, with the able assistance of Shri N.B. Jawade, the learned Additional Public Prosecutor this Court scrutinized the record, heard the learned Additional Public Prosecutor who in all fairness invited the attention of this Court to the entire evidence including the material adverse to the prosecution, as indeed every officer of this Court is expected to do.

(3.) The appellants Shobharam Kasdekar and Asaram Dhurve, original accused 1 and 2, faced trial for having committed offences punishable under sections 147, 148, 307, 324, 326 read with section 149 of the IPC along with six others namely Gangaram Kasdekar, Balaji Kasdekar, Zapu Kasdekar, Nandu Kasdekar, Chhotelal Bethekar and Shobharam Bethekar (accused 3 to 8). While the learned Sessions Court was pleased to acquit the accused 3 to 8 of all offences, the accused 1-Shobharam Kasdekar is convicted for offence punishable under section 324 of IPC and accused 2-Asaram Dhurve is convicted for offence punishable under section 323 of IPC as noted supra.