MANOHAR YOHAN MAGLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Since both the appeals are directed against the same judgment and order dated 23-01-2017 in Sessions Case No. 6 of 2011 passed by Additional Sessions Judge, Nilanga, they are being deposed of by this common judgment.

(2.) The appellants accused No. 3 Manohar and accused No. 5 Trimukh in the respective appeals alongwith three others namely accused No. 1-Balkrishana Dhokre, Accused No. 2-Vijaykumar Kamble and accused No. 4-Bablu were charged for the offences punishable under Sections 143, 147, 148 and 302, 325, 324, 323, 504 and 506 read with 149 of the Indian Penal Code (for short 'the IPC ') and after the charge accused No. 4 Bablu died and therefore case was abated against him. The appellant/accused No. 3- Manohar-has been convicted for the offence punishable under Section 325 of the IPC and sentenced to suffer rigorous imprisonment for two years and to pay a fine of Rs. 500/-, in default, to suffer further rigorous imprisonment for one month and therefore challenging the said conviction and sentence, he filed criminal appeal No. 57 of 2017 while the appellant/accused No. 5 Trimukh who has been convicted for the offence punishable under Section 302 of the IPC and sentenced to suffer life imprisonment has filed criminal appeal No. 65 of 2017. The appeal against acquittal of these accused the other accused has been dismissed as leave to appeal was not granted.

(3.) Facts of the prosecution case as revealed from the record are as under:-