RAJARAM LAXMAN KHARAMATE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner along with two others was tried by the JMFC, Tasgaon, District Sangli for offences punishable under sections 323, 325, 504 r/w 34 IPC and section 5 and 6 of the Indian Explosive Act. The trial Court found them guilty for offences punishable under section 324 IPC and section 5 of the Indian Explosive Act. It sentenced him to suffer SI for 3 months and fine of Rs.500/- in default SI for 15 days under the first count and to pay a fine of Rs.300/- in default to suffer SI for 1 month under the second count. The two others who were tried with the petitioner namely Vasant Laxman Kharmate and Bhanudas alias Shivaji Ramchandra Bodhale, were found guilty for offence under section 324 r/w 34 IPC but, they were given the benefit of the provisions of Probation of Offenders Act, 1958.

(2.) Aggrieved by the Judgment of the trial Court the petitioner, Vasant Laxman Kharamate and Bhanudas Bodhale, preferred Criminal appeal no.64 of 1989, in the Sessions Courts Sangli. The said appeal was decided on 3-4-1991 by the Additional Sessions Judge Sangli. The Appellate Court although modified the counts on which Vasant Kharamate and Bhanudas Shivaji were convicted, affirmed the order releasing them under the provisions of the Probation of Offenders Act, 1958. It however, converted conviction of the petitioner from section 324 IPC to one under section 323 and 324 r/w 34 IPC and sentenced him to suffer SI till rising of the Court and pay a fine of Rs.500/- in default to suffer SI for 15 days for offence under section 324 r/w 34 IPC. But, did not impose a separate sentence on him under section 323 IPC because, that was a lesser offence in relation to the offence under section 324 r/w 34 IPC. The Appellate Court also affirmed the conviction and sentence of the petitioner for offence under section 5 of the Indian Explosive Act.

(3.) In short, the prosecution case is that the petitioner along with Vasant Kharmate and Bhanudas Bodhale, participated in an incident on 6-3-1987, sometimes between 6.30 p.m. to 7 p.m. during the course of which, Malhari, Ganpati and Baccharam sustained injuries; Malhari as a result of assault made by Vasant, Ganpati as a result of petitioner-Rajaram Kharmate, throwing explosives at him and Baccharam as a result of assault made at him by Bhanudas Bodhale. The FIR was lodged on the night of 6/7-3-87 at about 2.15 a.m. The victims were medically examined and after the usual investigation, the petitioner and two others were charge sheeted.