RAMKRUSHNA S/O BARKAJI GULHANE Vs. STATE OF MAHARASHTRA
LAWS(BOM)-2017-11-14
HIGH COURT OF BOMBAY (AT: NAGPUR)
Decided on November 13,2017

Ramkrushna S/O Barkaji Gulhane Appellant
VERSUS
STATE OF MAHARASHTRA Respondents

JUDGEMENT

- (1.) The appellants are aggrieved by the judgment and order dated 17-2-2000 passed by the learned Additional Sessions Judge, Amravati in Sessions Trial 266/1994, by and under which, while acquitting the appellants of offence punishable under Section 307 read with Section 149 of the Indian Penal Code, the learned Sessions Judge was pleased to convict the appellants for offence punishable under Section 148 of the Indian Penal Code and to sentence the appellants to suffer rigorous imprisonment for one year and to payment of fine of Rs.100/-, and to sentence the appellants to suffer rigorous imprisonment for two years and to payment of fine of Rs.200/- for offence punishable under Section 326 read with Section 149 of the Indian Penal Code for causing grievous hurt by dangerous weapon to Marotrao Dhole, and to sentence the appellants to suffer rigorous imprisonment for one year and to payment of fine of Rs.200/- for offence punishable under Section 452 read with Section 149 of the Indian Penal Code and to further sentence the appellants to suffer rigorous imprisonment for six months and to payment of fine of Rs.100/- for offence punishable under Section 324 read with Section 149 of the Indian Penal Code for causing hurt to Prakash Dhole, Sau. Chanda Ramesh Dhole, Sau. Sunanda Ganesh Dhole and Vijay Marotrao Dhole. Appellant 1 Ramkrushna Barkaji Gulhane and appellant 6 Babansa Barkaji Gulhane died during pendency of the appeal, therefore, the appeal stands abated as against them.
(2.) Heard Shri P.D. Sharma, learned Counsel for the appellants (hereinafter referred to as the "accused") and Mrs. M.H. Deshmukh, learned Additional Public Prosecutor for the respondent.
(3.) The appellants alongwith six others namely Motiram Barkaji Gulhane, Sanjay Haribhau Gulhane, Vishwas Babansa Gulhane, Kishore Dayaram Gulhane, Ganesh Motiram Gulhane and Vijay Haribhau Gulhane faced trial for having formed an unlawful assembly with the object of assaulting Marotrao Dhole and his family members and in furtherance of common object, for having committed the offence of rioting, house trespass and attempting to commit the murder of Marotrao Dhole and voluntarily causing hurt to his family members. The charge was under Sections 147, 148, 452, 307 and 324 read with Section 149 of the Indian Penal Code.;


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