BALU BANSI MOKAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) SINCE both these appeals arise out of the same set of facts and common impugned Judgment, we are disposing them off by one Judgment.

(2.) THROUGH these appeals, the appellants challenge the Judgment dated 16-9-1995 passed by the IInd Additional Sessions Judge, Nasik in Sessions Case No. 33 of 1995, convicting and sentencing them in the manner stated hereinafter:- Under Section 148 IPC to three months R. I. and to pay a fine of Rs. 200/- each in default to undergo one months R. I. ; and Under section 323 read with section 149 IPC to 15 days R. I. and to pay a fine of Rs. 100/- each in default to undergo eight days R. I. In addition, the appellant Anil @ Anna Bansi Mokal has been convicted under Section 302 IPC and Sentenced to Undergo R. I. for life and to pay a fine of Rs. 1000/- in default to undergo 3 months R. I. The Substantive sentences of the appellants have been directed to run concurrently, on all the counts.

(3.) EVIDENCE of PSI Kailas Gavade PW7 also shows that he gave letters of request for the medical officer of Sinnar Municipal Dispensary. On the basis of the said letters, the said victims were medically examined by Dr. Arvind More PW1 at 11.15 a. m. and 11.30 a. m. respectively the same day. On the person of Farookh, the doctor found four contusions, one contused abrasion, three lacerated wounds and four linear abrasions which in his opinion were attributable to sticks, iron bars and guptis. On the person of Nanubai, the doctor found the following two contusions:- 1. Contusion over right eye-brow laterally 4 cm x 1/2 cm. redish. 2.Contusion over the upper half of the left arm 6 cm x 2 cm redish. In his opinion they were attributable to a hard and blunt object and were caused within six hours.