AJIT BHIMRAO MALI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THROUGH this appeal, the appellants have challenged the judgment and order dated 30-3-1990 passed by the Additional Sessions Judge, Kolhapur, in Sessions Case No. 122 of 1987, convicting and sentencing them, in the manner stated hereinafter :-

(2.) AT the very outset, I would like to observe that the learned trial Judge erred in awarding a consolidated sentence to the appellants, for offences under section 147 and 148 I. P. C. The law is that on each count, a separate sentence should be awarded, to the guilty accused.

(3.) IN short, the prosecution case runs as under :-On 9-2-1987, the informant Makarand Ranganekar, P. W. 1, along with his friend Raju Kashid, (not examined) had gone to eat paan in Kakkaya Chowk in Jawahar Nagar, District Kolhapur. It is said that the appellant-Ganpat was also there and some boys from Kakkaya Chowk, pushed him, resulting in his falling down. When the complainant and Raju Kashid, picked up the appellant-Ganpat, the said boys demonstrated as to why the complainant should have picked up Ganpat. Thereafter, the complainant, Raju and the said boys went away to their houses. After taking his meals at about 8. 30 p. m. same day, the complainant came to Datta Samarat Chowk in Jawahar Nagar in the District of Kolhapur. He found that Manik Patil, P. W. 7 and Raju were also sitting there and went over to them. In the meantime, about 15 persons, including the appellants, came and started abusing complainant. The appellant-Ajit assaulted him with a cycle chain on his head as a consequence of which he fell down and thereafter, the appellants-Vasant, and Ganpat, inflicted stick blows on his person. The evidence is that when Manik intervened, the appellants, started assaulting him; Ajit with a cycle chain, Vasant and Ganpat, with sticks, and Jayendra with an iron bar and the weapons, with which Krishna and Prakash assaulted, have not been disclosed in the evidence. It is said that appellant-Datta was abusing. It is said that after assaulting Makarand and Manik, the appellants and others ran away. It is said that they were recognised in electric light which was burning there. Evidence is that Makarand and Manik had sustained serious injuries. The former was rushed to the private dispensary of Dr. Girish Shetye, P. W. 2 and the latter to the C. P. R. Hospital, Kolhapur.