SURJITSINGH AKHTYARSINGH LOHIT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) SINCE both these appeals arise out of the same set of facts and a common judgment we are disposing them of together.

(2.) ELEVEN persons viz. 1. Surjitsingh Akhtyarsingh Lohit. 2. Jaspalsingh Mukhtyar Singh Lohit. 3. Manjitsingh Mukhtyarsingh Lohit. 4. Dany Ramsingh Bahadursing Sinha. 5. Rameshsingh Laxmansingh Rajput. 6. Lalsingh Visawasingh Sikh. 7. Hardeepsing Sardarsingh Sihota. 8. Rajendrasing Hardeepsingh Sihota. 9. Surendrasingh Hardeepsing Sihota. 10. Mukhtyarsingh Khemsingh Lohit and 11. Jalbindarsing Bachattarsingh, original accused 1 to 11 respectively were charged for offences punishable under, Sections 147, 148, 307, 326 and 302. IPC read with Sec. 149, IPC, in the alternative they were charged under Section 302 read with Sec. 34, I. P. C. in addition Surjitsingh Akhtyarsingh Lohit and Jaspalsingh Mukhtyarsingh Lohit were charged under Section 302. IPC. The learned Additional Sessions Judge Pune who framed the charges vide judgment and order dated 9-5-1998 passed in Sessions Case No. 48 of 1983. convicted 1. Surjitsingh Akhtyarsingh Lohit. 2. Jaspalsingh Mukhtyarsingh Lohit, 3. Manjitsingh Mukhtyarsingh Lohit. 4. Dany Ramsingh Bahadursingh Sinha and 5. Ramesh Singh Laxman Singh Rajput for the offence under Section 326. IPC and sentenced Surjitsingh Akhtyarsingh Lohit. Jaspalsingh Mukhtyarsingh Lohit, to undergo R. I. for 5 years and to pay a fine of Rs. 1. 000/- each in default to suffer R. I. for one month each and Dany Ramsingh Bahadursing Sinha and Rameshsing Laxmansingh Hajput to six months R. I. and to pay a fine of Rs: 500/- each in default to undergo one month R. I. each. The learned Judge acquitted the said persons on the remaining counts and the other six accused persons viz. Lalsingh Visawasingh Sikh. Hardeepsing Sardar Singh Sihota. Rajendra Singh Hardeep Singh Sihota. Surendra singh Hardeepsing Sihota, Mukhtyarsingh Khemsingh Lohit and Jalbindarsing Bachattarsingh on all counts.

(3.) CRIMINAL Appeal No. 312 of 1985 has been preferred by the five accused 1. Surjitsingh Akhtyarsingh Lohit, 2. Jaspalsingh Mukhtyarsingh Lohit, 3. Manjitsingh Mukhtyarsingh Lohit, 4. Dany Ramsingh Bahadursingh Sinha, and 5. Rameshsing Laxmansingh Rajput who have been found guilty for the offence under Section 326. IPC. By inadvertence it was also preferred on behalf of the six acquitted accused. Consequently a Division Bench of this Court (Dharmadhikari and Kotwal, JJ.) on 25-8-988 dismissed it in relation to the admitted accused and admitted it only in respect of the convicted accused. Criminal Appeal No. 539/1985 has been Preferred by the State of Maharashtra against the acquittal of original accused No 6 to 11. viz. Lalsingh Visawasingh Sikh. Hardeepsingh Sardarsingh Sihota, Rajendrasing Hardeepsingh Sihota, Surendrasing Hardeepsing Sihota, Mukhtyarsingh Khemsingh Lohit and Jalbindarsing Bachattarsingh for all the offences and that of original accused Nos. 1 to 5 viz. 1. Surjitsingh Akhtyarsingh Lohit, 2. Jaspalsingh Mukhtyarsingh Lohit; 3. Manjitsingh Mukhtyarsingh Lohit. 4. Dany Ramsingh Bahadursing Sinha and 5. Rameshsing Laxmansingh Rajput for offences other than Section 326, IPC. On 25-8-1988 a Division Bench of this Court consisting of Dharmadhikari and Kotwal, JJ. admitted the said appeal only against the said original accused Nos. 1 to 5 and dismissed it so far as original accused Nos. 6 to 11 were concerned.