GOPAL DAULATRAO GOGAL Vs. THE STATE OF MAH. THR. P.S.O.
LAWS(BOM)-2017-11-140
HIGH COURT OF BOMBAY
Decided on November 20,2017

Gopal Daulatrao Gogal Appellant
VERSUS
The State Of Mah. Thr. P.S.O. Respondents

JUDGEMENT

M.G.GIRATKAR,J. - (1.) Accused Gopal, Manohar, Dnyandeo and Mahadeo were prosecuted on the report of Liladhar Sampatrao Kadu. It was alleged in the report that accused Gopal caught hold Liladhar and Manohar gave blow of knife on stomach and hand of Liladhar. It was also alleged that accused Mahadeo caught hold Jaikumar and Dnyandeo gave blow of axe to Jaikumar. On the report of Liladhar, crime was registered against the accused persons for the offences punishable under Sections 307, 326 read with Section 34 of the Indian Penal Code.
(2.) During the trial, prosecution has examined in all total 11 witnesses. Learned trial Court convicted accused Gopal and Manohar for the offence punishable under Section 326 read with Section 34 of the Indian Penal Code. Accused Dnyandeo was convicted for the offence punishable under Section 324 of the Indian Penal Code. Accused Mahadeo was acquitted for all of the offences vide judgment dated12-6-2003 by the 2nd Additional Sessions Judge, Amravati which is impugned in these appeals.
(3.) Prosecution/State has challenged the impugned judgment vide Criminal Appeal No. 511/2003 against accused Gopal and Manohar contending that they are wrongly awarded lesser punishment and therefore, prayed to enhance the sentence for the offence punishable under Section 326 read with Section 34 of the Indian Penal Code. The State has filed another Criminal Appeal No. 522/2003 against all the accused praying to convict the accused for the offences punishable under Sections 307 and 326 read with Section 34 of the Indian Penal Code.;


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