KISHAN VITHAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) On 6th October 1973 in a village called Digras situated in Udgir Taluka, Osmanabad district, there was a violent incident as a result of which 12 persons same to be prosecuted in Criminal Case No. 165 of 1976 for offences punishable under sections 147, 148, 149, 447, 326 325 and 337 of the Indian Penal Code. After accepting the prosecution case the learned Judicial Magistrate, First Class, Udgir convicted, Accused Nos. 1 to 10 and 12 for the offences punishable under sections 148, 323 and 447 of the Indian Penal Code. Accused Nos. 1 to 6 were also convicted for the offences punishable under section 149 read with section 326 of the Indian Penal Code. The sentences ranging from 3 months to 9 months were imposed upon them. Accused No. 11 was acquitted by the learned trial Magistrate.

(2.) The 11 accused preferred an appeal being Criminal Appeal No. 51 of 1976 which was heard and partly allowed by the earned Additional Sessions Judge, Latur by his judgment and order dated September 14, 1976. By the said order he set aside the conviction and sentence Imposed upon accused Nos. 1, 2, 4, 5, 7 and 9 for the offence punishable under section 148 of the Indian Penal Code. Rest of the convictions and sentences were maintained. In other words, only one conviction involving sentence of six months under section 148 of the Indian Penal Code was set aside in so far as accused No. 2 is concered.

(3.) Accused Nos. 2 and 6 have preferred this Revision Application which was admitted by Swant J. on December 24,1976. Rule was given with regard to sentences only of accused Nos. 2 and 6. Though the order accused had been joined as parties in this petition, the petition was rejected in respect of them.