SHIVAJI LAXMAN JAVARKAR Vs. THE STATE OF MAHARASHTRA
LAWS(BOM)-2017-1-25
HIGH COURT OF BOMBAY
Decided on January 09,2017

Shivaji Laxman Javarkar Appellant
VERSUS
THE STATE OF MAHARASHTRA Respondents

JUDGEMENT

B.P.DHARMADHIKARI,J. - (1.) Accused No. 1 - Shivaji, Accused No. 5 - Anand, Accused No. 17 - Haribhau, Accused No. 18 - Vasanta and Accused No. 19 - Prakash are before this Court Criminal Appeal No. 448 of 2002, assailing their conviction by the Additional Sessions Judge, Akola on 23.07.2002 in Sessions Trial Case No. 54 of 1996. Criminal Appeal No. 619 of 2002 filed by the State challenged acquittal of remaining 20 accused (i.e. accused Nos. 2, 3, 4, 6 to 16 & 20 to 25) and also sought enhancement of punishment inflicted upon the convicted accused persons. On 13.12.2002, this Court refused to grant leave to assail the acquittal and entertained State Appeal only for enhancing the punishment of the convicted accused. Before proceeding further, it will be proper to note down how these convicted accused persons are punished by the Trial Court :
(2.) Accused No. 1 - Shivaji is held guilty for cutting of left ear pinna-upper part of PW-4 - Jagdeo by giving the axe blow under Section 324 of the Indian Penal Code.
(3.) Accused No. 5 - Anand is held guilty for death of Ratan by delivering a stick blow on his head without intention to kill but with the knowledge. For this RI of ten years and fine of Rs. 5000/- or in default to pay it, R.I. of one year is ordered. He is also found to have inflicted injury on head of PW-7 - Ramesh & PW-6 - Vinayak and for fracturing hand of PW-10 - Anil. Hence, punishment of R.I. for two years under Section 324 and of R.I. for three years under 325 of IPC, with fine of Rs. 1000/- each or in default, further R.I. for two months each, is inflicted on him.;


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