DNYANEO DHANDIBA JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present criminal Appeal is preferred by original accused Nos. 1 to 5 and 7 challenging the conviction in Sessions Case No. 97 of 1989 dated 7th January, 1995 passed by the Additional Sessions Judge, Kolhapur.

(2.) By the impugned Judgment and order the present applicants were held guilty for the offences punishable under sections 147, 148 and 302 read with section 149 of the Indian Penal Code. For the offence punishable under section 147 they were sentenced to suffer rigorous imprisonment for two years and fine of Rs. 500 and in default to suffer further rigorous imprisonment for three months and for the offence punishable under section 148, they were sentenced to suffer rigorous imprisonment for two years and fine of Rs. 500/- in default to suffer further rigorous imprisonment for three months. For the major offence punishable under section 302 read with section 149 of Indian Penal Code, they were sentenced to undergo imprisonment for life. By the said Judgment and order, appellants were acquitted of the offences punishable under section 337 and 324 read with section 149 of Indian Penal Code.

(3.) During the investigation and finding of involvement of the appellants, they were arrested by police on 27th September, 1988. On completion of investigation, charge-sheet was filed before the J. M. F. C. Court and case was committed in the Court of Sessions alleging the charges against all the accused including appellants for the offence punishable under sections 147, 148, 337, 324 and 302 read with section 149 of Indian Penal Code.