KAMALAKAR KESHAV GAJBHARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Perused.

(2.) In Criminal Appeal No. 814 of 2006, the challenge is to the conviction of the appellant/accused No. 1 for the offence punishable under Section 302 of the Indian Penal Code, and sentence awarded to him to suffer imprisonment for life and to pay fine of Rs. 1,000/-, in default of payment of fine to suffer R.I. for three months, by the judgment and order rendered by the learned Ist Ad-hoc Additional Sessions Judge, Nanded in Sessions Case No. 87 of 2005 on 16.8.2006. By another Criminal Appeal No. 683 of 2008, the appellant/State has challenged the afore said judgment and order dated 16.8.2006 of acquittal of accused Nos. 2 to 6 and prayed that they be convicted for the offences for which they were charged and tried for. During trial, accused Nos. 1 to 6 were tried for the offences punishable under Sections 147, 148, 302 r/w 149 of the Indian Penal Code, on the allegations that the accused persons were members of an unlawful assembly and in prosecution of the common object of such assembly, they committed riot by deadly weapons, like Katti and committed murder by intentionally and knowingly causing death of deceased Dhammanand on 13.3.2005 at 00.15 hours at Dhanegaon. Accordingly, accused No. 1 was convicted and sentenced for the offence punishable under Section 302 of the Indian Penal Code; whereas accused Nos. 2 to 6 were acquitted from the afore said charges by way of judgment and order dated 16.8.2006 which has been impugned in aforesaid both the appeals.

(3.) Prosecution story is summarised as follows: