BABURAO RAJARAM BHAIRAT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Perused. Heard learned respective counsel for the parties.

(2.) Challenge in these two appeals is to the judgment and order rendered by the learned Additional Sessions Judge, Ambajogai in Sessions Case No.32 of 1991 on 19.5.1998 convicting accused nos. 1 to 7 for the offence punishable under Section 325 of the Indian Penal Code and sentencing them to suffer R.I. for 5 years and fine and also convicting them for the offence punishable under Section 452 of the Indian Penal Code and sentencing them to suffer R.I. for 2 years and fine and also convicting them for the offence punishable under Section 201 of the Indian Penal Code and sentencing them to R.I. for 1 years and fine; and acquitting them for the offences punishable under Sections 147, 148, 302 r/w.149 of the Indian Penal Code.

(3.) The appellants (original accused nos. 1 to 7) have assailed the said judgment and order by Criminal Appeal No. 151 of 1998 challenging the conviction and sentence inflicted upon them; whereas the appellant (State) has filed Criminal Appeal No.338 of 1998 challenging the said judgment and order of acquittal of the respondents (original accused) therein and also prayed for enhancement of the sentence inflicted upon the respondents thereon.