SHANKAR GOPAL PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) APPEAL No. 336 of 1996 is filed by the State against the acquittal of original Accused Nos. 2 and 4 to 12. Appeal No. 371 of 1996 is filed by original accused No. 2 against his conviction and Appeal No. 135 of 1996 is filed by original accused No. 1 and 3 against their conviction.

(2.) ALL the accused Nos. 1 to 12 have been prosecuted under section 302 read with section 149 of the Indian Penal Code, under sections 326, 307 read with section 34 of the Indian Penal Code, under section 27 of the Arms Act read with section 34 of the Indian Penal Code and separately under sections 147, 148 and 149 of the Indian Penal Code.

(3.) ALL the Accused Nos. 1 to 12 were acquitted for the offences punishable under sections 47, 148 and 149 of the Indian Penal Code. And out of 12 accused, Accused Nos. 1, 2, 3, 7 and 8 have been convicted. Accused Nos. 1 and 3 are convicted under section 302 read with section 34 of the Indian Penal Code and sentenced to suffer imprisonment for life. Accused Nos. 7 and 8 are convicted under section 326 of the Indian Penal Code and each is sentenced to suffer R. I. for four years and to pay fine of Rs. 500/-, in default to suffer further R. I. for three months. Accused No. 2 is convicted under section 307 of the Indian Penal Code and sentenced to suffer R. I. for seven years and to pay fine of Rs. 500/- in default to suffer further R. I. for three months. Accused Nos. 1, 2 and 3 are convicted under section 27 of the Arms Act read with section 34 of the Indian Penal Code and each is sentenced to suffer R. I. for three months.