AUDUMBAR MANOHAR RANDIVE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) SINCE these four connected matters arise out of same set of facts and a common impugned judgment, we are disposing them off by one judgment.

(2.) FIVE persons, namely Audumbar Manohar Randive, Sharad @ Kisan Shivaji Randive, Shivaji Mukund Randive, Dhanaji Manohar Randive and Dilip Manohar Randive, were charged for offences punishable under sections 147, 148, 302, 504, 323, 506 I. P. C. , r/w 149 I. P. C. and 135 of the Bombay Police Act. The Additional Sessions Judge, Pandharpur, Solapur, convicted and sentenced all of them, in the manner stated hereinafter :---i) Under section 147 I. P. C. to one year R. I. (ii) Under section 323 r/w 149 I. P. C. to one year R. I. ; and (iii) Under section 506 r/w 149 I. P. C. to six months R. I. The learned Additional Sessions Judge also convicted Shivaji Mukund Randive, for the offence under section 302 I. P. C. simplicitor and sentenced him to undergo life imprisonment and to pay a fine of Rs. 1,000/- in default to undergo R. I. for six months. The substantive sentences of the accused persons were ordered to run concurrently.

(3.) CRIMINAL Appeal No. 176 of 1994, has been preferred by Audumbar Manohar Randive, Sharad @ Kisan Randive, Dhanaji Manohar Randive, and Dilip Manohar Randive, assailing their convictions and sentences, Criminal Appeal No. 246 of 1994, has been preferred by Shivaji Mukund Randive, challenging his convictions and sentences. Criminal Appeal No. 282 of 1994, has been preferred by the State of Maharashtra, impugning the acquittal of Audumbar Manohar Randive, Sharad @ Kisan Shivaji Randive, Dhanaji Manohar Randive, and Dilip Manohar Randive, for the offence punishable under section 302 r/w 149 I. P. C. Criminal Revision Application No. 91 of 1994, has been preferred by Mahadev Mallikarjun Dithe, (Original complainant) impugning the acquittal of Audumbar Manohar Randive, Sharad Shivaji Randive, Dhanaji Manohar Randive, and Dilip Manohar Randive, for the offence under section 302 r/w 149 I. P. C.