KISHORE BALKRISHNA MHATRE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The above three appeals and criminal revision application are filed against one and the same judgment and order dated 06.06.2006 passed by the District Judge -2 and Additional Sessions Judge, Kalyan in Sessions Case No.49 of 2006. They were, therefore, heard together and are being disposed of by this common Judgment.

(2.) In the aforesaid sessions case, in all 12 accused were tried for the offences punishable under Sections 147, 148, 302, 307, 326 read with 149 of the Indian Penal code and in the alternative 302, 307, 326 read with 34 of the Indian Penal Code. They were also tried for the offences punishable under Section 25 of the Arms Act and 135 of the Bombay Police Act.

(3.) By the impugned Judgment and order, the trial Court convicted accused Nos.1 to 4 for the offences punishable under Sections 147, 148 of the Indian Penal Code and sentenced them to suffer Rigorous Imprisonment for two years and to pay fine of Rs.1000/- each. Accused Nos.1 to 4 have been further convicted for the offence punishable under Section 302 read with 149 of the Indian Penal Code and sentenced to suffer Rigorous Imprisonment for life and to pay fine of Rs.5000/- each. They have been further convicted for the offence punishable under Section 326 read with 149 of the Indian Penal Code and sentenced to suffer Rigorous Imprisonment for four years and to pay fine of Rs.1000/- each. The trial Court acquitted rest of the accused i.e. accused Nos. 5 to 12 of all the charges.