NITIN TUKARAM CHAVAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These Appeals are directed against the Judgment and order dated 6th August, 2011, passed by the Additional Sessions Judge11, Pune in Sessions Case No.656 of 2009, thereby convicting the Appellants/Original Accused Nos.1 to 12 for the offences punishable under Section 143 read with 149 of the Indian Penal Code [for short 'IPC'] and sentencing them to suffer rigorous imprisonment for six months with fine of Rs. 100/- each, in default to suffer further rigorous imprisonment [for short 'R.I.'] for 15 days each. The trial Court also convicted Appellants / Original Accused Nos.1 to 12 for the offence punishable under Sections 147 read with 149 of the IPC and sentenced them to suffer R.I. for two Years with fine of Rs. 200/- each, in default to suffer further R.I. for 30 days each. The trial Court also convicted Appellants / Original Accused Nos.1 to 12 for the offence punishable under Sections 148 read with 149 of the IPC and sentenced them to suffer R.I. for three Years with fine of Rs. 200/- each, in default to suffer further R.I. for 1 month each. The trial Court also convicted Appellants / Original Accused Nos.1 to 12 for the offence punishable under Sections 449 read with 149 of the IPC and sentenced them to suffer R.I. for 10 Years with fine of Rs. 500/- each, in default to suffer further R.I. for 2 months each. The trial Court also convicted Appellants / Original Accused Nos.1 to 12 for the offence punishable under Sections 302 read with 149 of the IPC and sentenced them to suffer R.I. for life and to pay fine of Rs. 1000/- each, in default to suffer further R.I. for 3 months each.

(2.) As all these Criminal Appeals are arising out of one and the same Judgment and Order passed by the trial Court, all these Appeals are being decided by this common Judgment. In the Sessions Case before the trial Court, there were in all 12 accused, who were tried together. The trial Court has convicted and sentenced all the twelve accused in the manner as already mentioned herein above in paragraph 1. Those twelve accused have filed these different six Criminal Appeals which are being decided by this common Judgment.

(3.) The prosecution case, in brief, is as under: