CHANDRAKANT LAXMAN BARATE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS application raises the question of the inherent jurisdiction of this Court Under Section 482 of the Cr. PC

(2.) THE three petitioners before the Court were original accused Nos. 2, 4 and 5 in the Sessions trial held in the Court of the Additional Sessions Judge in Sessions Case No. 156 of 1975. As many as 7 accused persons were tried for various offences Under Sections 302, 326, 324, 323 read with Sections 149 and 34 IPC Ultimately by his judgment dated 24-11-1975 the learned Additional Sessions Judge, Pune, convicted accused Nos. 2, 4 and 5 Under Section 325 read with Section 149 IPC as also Under Section 147 IPC Under the first head of charge a sentence of two years' R. I. was imposed along with a fine of Rs. 100/- or in default of payment of fine to suffer R. I. for one month. Under Section 147 IPC rigorous imprisonment for six months was imposed. Both the substantive sentences were to run concurrently.

(3.) IN the appeal carried to the High Court, being Criminal Appeal No. 1000 of 1975, a Division Bench of this Court hearing the appeal found that there was not enough evidence to hold the unlawful assembly proved. The conviction Under Section 147 IPC was thus set aside. The conviction Under Section 325 read with Section 149 I. P. C, was altered to one Under Section 325 read with Section 34 IPC The sentence under this head of charge of two years' R. I. and a fine of Rs. 100/- or in default to suffer one month's R. I. was, however, confirmed.