ARVIND GAJANAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) SIX full brothers have filed this appeal against the judgment and order dated 23rd February, 2001 passed in Sessions case No. 151 of 1998, by the Additional Sessions Judge, Kalyan, holding all of them guilty of having committed murder of one Krishna Sakharam Patil (hereinafter referred to as "the victim" for the sake of brevity) and also of assaulting another person, Prabhakar Shankar Patil. They have been punished accordingly.

(2.) THE Sessions case arose out of two incidences which according to the prosecution, took place on the same day within a period of about half an hour and were connected to each other. The six appellants were charged for commission of offence, punishable under sections 147, 148, 302, 397 read with section 149 of indian Penal Code and also under section 27 of the Anns Act. All the appellants have been punished under section 302, read with section 34 of Indian Penal Code and each of them is sentenced to suffer imprisonment for life and to pay fine of rs. 15,000/- in default to suffer rigorous imprisonment of three years. All the accused are also convicted for commission of offence of assault and have been punished under section 326 read with 34 of Indian Penal Code. Each of them is sentenced on this count to suffer rigorous imprisonment for three years and pay a fine of Rs. 5,000/- each, in default to suffer further rigorous imprisonment for six months. The substantive sentences are ordered to run concurrently. The impugned order further states that all of them having been convicted for the principal offences read with section 34 of the Indian Penal Code, they are not convicted for the offences punishable under sections 147, 148 and the principal offences read with section 149 of Indian Penal Code. In other words, they are acquitted of these offences, including offence under section 27 of the arms Act.

(3.) ALL the appellants herein for the sake of convenience are hereinafter referred to as the accused in the same sequence in which they were charged and tried bv the Sessions Court. 1]. Arvind Gajanan Patil -A-1 2]. Vasant Gajanan Patil -A-2 3]. Ganesh Gajanan Patil -A-3 4]. Mohan Gajanan Patil -A-4 5]. Narayan Gajanan Patil -A-5 6]. Janardan Gajanan Patil -A-6