GUNDYA S/O YELLAPPA AROTE AND OTHERS Vs. STATE OF MAHARASHTRA
LAWS(BOM)-2017-9-242
HIGH COURT OF BOMBAY (AT: AURANGABAD)
Decided on September 20,2017

Gundya S/O Yellappa Arote And Others Appellant
VERSUS
STATE OF MAHARASHTRA Respondents

JUDGEMENT

T. V. Nalawade, J. - (1.) The appeal is filed against judgment and order of Sessions Case No. 27/1994, which was pending in the Court of learned Additional Sessions Judge, Biloli. All the appellants are convicted and sentenced for the offences punishable under sections 302, 324 r/w. 149 of Indian Penal Code ('IPC' for short) and each accused is also convicted and separately sentenced for offences punishable under sections 147 and 148 of IPC. During the pendency of the present appeal, appellant No. 4 died and so, his appeal is already disposed of as abated.
(2.) In the present matter, appellant No. 5 has taken the defence that at the relevant time, his age was below 18 years and so, he is entitled to the benefit of provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000 and also the provisions of the Rules of 2007 framed under this Act. In view of this contention, this Court had referred the matter of appellant No. 5 to Juvenile Justice Board, Nanded to give finding. In a proceeding bearing OMCA No. 4/2014 the Juvenile Justice Board gave finding that present appellant No. 5, accused No. 5 was juvenile at the relevant time in view of provisions of the aforesaid Act and the Rules. This finding is not challenged by the State. In view of this circumstance, the matter of appellant No. 5, accused No. 5 needs to be disposed of in accordance with the law developed on this point and the provisions of the aforesaid Act and the Rules.
(3.) In short, the facts leading to the institution of the present appeal can be stated as follows :- Deceased - Hanmanlu was son of first informant - Yellappa Savle. Yellappa Savle has two more sons by names Saibu and Narayana. The deceased was aged about 30 years and he was living with the first informant and his brothers in village Shahapur. Present appellant Nos. 1 to 5 are the sons of one Yellappa s/o. Saibu Arote. The house of accused is situated adjacent to the house of first informant. There is a public water tap fixed by Village Panchayat of this village in front of these houses and both the families were collecting water from this tap for household use, for drinking purpose. There was fixed time and only limited quantity of water supply at this tap.;


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