IRAPPA @ CHERMAL SUBHASH DHANGAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Three appellants before this Court have been sentenced to suffer life imprisonment for the offence punishable under section 302 read with 34 of IPC and RI for six months for the offence punishable under section 324 read with 34 of IPC. They have been acquitted of the offence punishable under section 427 read with 34 of IPC. Accused no. 2 Irappa is also acquitted of the offence punishable under section 4(27) of the Indian Arms Act. This judgment dated 2/1/2014 delivered by the Additional Sessions Judge, City Civil and Sessions Court, Greater Mumbai in Sessions Case No. 265 of 2011 is questioned by the appellants in these appeals.

(2.) We have heard Advocate Payoshi for the appellants and learned APP Mr. Sait for the respondent State.

(3.) The case of the prosecution is on 31/12/2010 deceased Ashok Kamble and his group were abused by one Irappa Dhangar and his friends. Dinesh Sable who was abused then filed non cognizable case. One Sakharam Karande and his friends who were with deceased Ashok and Dinesh, latter on came to know that the accused no.2 Irappa was the attacker. Hence, on 1/11/2011 at about 2.00 pm. Sakharam, deceased Ashok and their friends met Irappa and enquired the reason for abusing and beating Dinesh Sable. Irappa then gave complaint against Ashok and his friends.