SHRIRANG NAGORAO CHAVAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) ALL the three appeals arose from the judgment and order passed by learned Special Judge, Parbhani, in Special Case No.30 of 1999 dated 31.12.1999. For the sake of convenience the parties to the appeals shall be referred to according to their original designation, namely, accused Nos.1 to 18 and the State of Maharashtra/prosecution.

(2.) ACCUSED Nos.1 to 18 faced trial for the offences punishable under section 147, 148 and 302 read with section 149 of the Indian Penal Code. In the alternative, the prosecution also charged them for the offence punishable under section 302 read with section 34 of the Indian Penal Code. In additional to this, they were charged for committing offence of conspiracy punishable under section 120 -B of the Indian Penal Code and for offence punishable under section 25 of the Arms Act and lastly for the offence punishable under section 135 of the Bombay Police Act. In addition to this, the accused were also charged for the offence punishable under section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

(3.) LEARNED Judge partly accepted the prosecution case and convicted accused No.1 and 3 for offence punishable under section 302 read with 34 of the Indian Penal Code. They were sentenced to suffer life imprisonment and to pay a fine of Rs.1000/ - each, with default clause. Learned Judge also convicted accused No.1 for offence punishable under section 25 of the Arms Act and sentenced to suffer rigorous imprisonment for one month and to pay a fine of Rs.100/ - with a default clause. Learned Judge acquitted all other accused from all the other charges.