MARKANDEY KATJU, J. - (1.) THESE appeals have been filed against the impugned judgment dated 5/4/1999 of the Bombay High Court in Criminal Appeal Nos. 32, 71 and 83 of 1996.
(2.) HEARD learned counsel for the parties and perused the record. There were initially fifteen accused in the case which was tried by the Additional Sessions Judge, Pandharpur, District Sholapur, who were charge- sheeted under Sections 147, 148, 149, 302, 307, 323, 324, 188 and 452 of the Indian Penal Code. The trial court convicted accused no.1 Tulshiram Bhanudas Kambale, accused no.2 Ramchandra Bhanudas Kambale, accused no.5 Ganesh Kisan Shirsat @ Paparkar, accused no.6 Ashok Sahebrao Waghmare, accused no.8 Dnyaneshwar Shankar Naikwadi, accused no.10 Anil Dhondiram Mane and accused no.11 Sunil Dhondiram Mane under Section 302 read with Section 149 of the Indian Penal Code and sentenced them to life imprisonment. He also convicted accused no.1, accused no.10 and accused no.14 under Section 324 read with Section 149 of the Indian Penal Code and sentenced them to two years rigorous imprisonment. He further sentenced accused no.1, accused no.2, accused no.5 to 11, accused no.14 and 15 under Section 452 read with Section 149 of the Indian Penal Code and sentenced them to three years rigorous imprisonment. He acquitted accused no.1 to 15 of the offence punishable under Section 307 read with Section 149 of the Indian Penal Code hence Section 188 of the Indian Penal Code. He gave the benefit of doubt to accused nos.7, 9, 14 and 15. He acquitted accused nos.3, 4, 12 and 13 of all the punishable offences for which they were charged. The State did not file any appeal against the accused who have been acquitted by the trial court and hence the acquittal of those accused has become final.
(3.) HOWEVER, nine of the accused, being original accused no.1, 2, 6 to 14 being Tulsiram Bhanudas Kamble, Ramchandra Bhanudas Kamble, Ashok Sahebrao Waghmare, Dagadu Shankar Naikwadi, Dnyaneshwar Shankar Naikwadi, Santosh Dashrath Kothalkar, Anil Dhondiram Mane, Sunil Dhondiram Mane and Rajendra Dashrath Kothalkar filed an appeal before the Bombay High Court. The High Court by the impugned judgment dated 5.4.1999 acquitted five of the appellants being Ramchandra Bhanudas Kamble, Ashok Sahebrao Waghmare, Dnyaneshwar Shankar Naikwadi, Santosh Dashrath Kothalkar and Sunil Dhondiram Mane on all counts and ordered them to be released. The High Court also acquitted Tulsiram Bhanudas Kamble and Anil Dhondiram Mane for the offence under Section 302 read with Section 149 of the Indian Penal Code. It also acquitted the accused Tulsiram Bhanudas Kamble, Anil Dhondiram Mane and Rajendra Dashrath Kothalkar for the offence under Section 324 read with 149 of the Indian Penal Code.;