DATTARAM SHIVRAM SALVI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) ALL the three appeals arise out of Sessions Case Nos. 62 of 1980, 475 of 1980 and 338 of 1981. These three Sessions cases had arisen out of incident which took place in the month of November 1979 in Calico Company premises at Bombay.

(2.) SEVERAL accused were charge sheeted under these three different Sessions cases of which the present appellants-accused came to be convicted for an offence under Section 436 read with section 34 of IPC and awarded sentence to suffer simple imprisonment for a period of three years each and in addition, each of the accused shall also pay a sum of Rs. 300/- as fine in default of payment of fine, to undergo further SI for a period of three months. They are Original accused Nos. 2,4,5,8 and 10.

(3.) THOUGH the incident was of the year 1979, resulting into the aforesaid three Sessions cases, which ended in conviction by Judgement dated 22/4/1983, by that time, most of the accused had remained in custody for a period ranging from three months to three years and more. So far accused-appellants no. 2,4,5,8 and 10 are concerned, original accused no. 8 has died and that would leave case of the four to be considered. They are accused nos. 2,4,5 and 10.The learned counsel for the appellants has been able to find out from the judgement that these accused were also in jail for a period of three months and there about. However, the learned counsel, without giving up the appeal on merits, has alternatively drawn our attention to the fact that the matter is almost 20 years old and the factory in connection with which disputes had arised between employers and the employees who were members of a given union has also been closed one year after the incident.