JUDGEMENT
Shrihari P. Davare, J. -
(1.)Heard Shri Joydeep Chatterjee, learned counsel for the
appellants and Shri V.G.Shelke, learned A.P.P. for the respondent.
(2.)The present appeal is directed against the judgment and order,
dated 7.5.1999, rendered by the learned Additional Sessions Judge,
Aurangabad, in Sessions Case No. 276 of 1993, thereby convicting the
accused nos. 3 to 6 i.e. appellants herein, for the offences punishable
under Sections 323 r/w 34 of the Indian Penal Code, and sentencing each
of them to undergo rigorous imprisonment for one year and to pay fine of
Rs.1,000/with
default condition for nonpayment
of fine to further undergo
rigorous imprisonment for three months.
(3.)In all, seven accused faced the trial in Sessions Case No. 276
of 1993 before the Sessions Court for the offence punishable, under
Section 302 r/w 34 of the Indian Penal Code and under Section 3 (1) (x)
of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)
Act, 1989. All the accused were acquitted for the offences punishable,
under Sections 302 r/w 34 of the Indian Penal Code and under Section 3
(1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989, but appellant nos. 1 to 4 were convicted for offences
punishable under Section 323 r/w Section 34 of the Indian Penal Code,
deceased namely son of PW2 Eknath Vitthal Ingale were the residents of
village Lasur Station, Taluka Gangapur. It is the case of prosecution that
on the date of incident i.e. 14.8.1993 at about 7.30 p.m. accused no.2
Shrirang Wakale questioned PW3 Raju Jadhav regarding whereabouts of
Vaijinath and on the call of Shrirang Wakale, Vajinath arrived there and
accused no.2 further told to Vaijinath that he was called by accused no.4
Ramesh Jadhav. Thereafter PW3 Raju Jadhav, accused no.3 Shivaji
Wakale and victim Vaijinath went to the house of accused no.4 Ramesh
Jadhav at about 8.15 p.m. After some time, accused no.3 Shivaji Wakale
and Dnyaneshwar Barhate i.e. absconding accused, also came there, and
Barhate questioned victim Vaijinath that if he had any sister and thereafter
gave fist blows on his face and also on the face of PW3 Raju Jadhav and
Barhate asked them to come towards the Bus Stand. Moreover, accused
no.3 Shivaji Wakale also gave slap on the face of PW3 Raju Jadhav and
both were taken towards the Bus Stand where construction work of
accused no.4 Ramesh Jadhav was in progress.
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