LAWS(BOM)-2018-1-105

SARANG Vs. STATE OF MAHARASHTRA

Decided On January 22, 2018
Sarang S/O. Kailash Zade And ... Appellant
V/S
The State Of Maharashtra Thr. ... Respondents

JUDGEMENT

(1.) Appellants assailed the judgment of conviction in Sessions Case No. 92/2014 passed by learned Additional Sessions Judge, Chandrapur for the offences punishable under Sections 302 and 324 read with Section 34 of the Indian Penal Code. Both the appellants sentenced to suffer imprisonment for life and to pay a fine of Rs. 25,000/- each, in default to suffer simple imprisonment for one year for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code. Both the appellants sentenced to suffer rigorous imprisonment for two years and to pay a fine of Rs. 2,000/- each, in default to suffer simple imprisonment for three months for the offence punishable under Section 324 read with Section 34 of the Indian Penal Code . Both the substantive sentences shall run concurrently.

(2.) The case of the prosecution against both the appellants in short is as under.

(3.) Heard learned counsel Shri R. M. Daga for the appellants. He has submitted that charge against both the appellants for the offence punishable under Section 324 read with Section 34 of the Indian Penal Code was for voluntary causing hurt to the witness Juned. P.W. 8 Mohd. Juned himself has stated in his evidence that there was quarrel between two groups. He tried to rescue the quarrel among both the groups. Imran was holding one bottle of beer and during his attempt in rescuing the quarrel, he sustained injuries on his left hand. Nihal and Naved were snatching knife from each other's hand. After some time, Naved fell down on the ground.