SHABIR MOHAMAD SYED BALU ALIAS JANARDAN SHANTARAM SHIRKE ABDUL RAZAK HUSSEIN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In Sessions Case No. 122 of 1989 on the file of the Additional Sessions Judge, Fourth Court, Thane, seven persons were arraigned for rioting, five murders and other related offences. While acquitting two of them, the trial Judge convicted the other five under Sections 147, 342/149, 440/34 and 302/149, I. P. C. and sentenced them to different terms of imprisonment, including life, and fine. Aggrieved thereby the five convicts (who were arrayed as A1 to A5 in the trial Court) preferred appeals in the High Court which were dismissed. Assailing the dismissal of their appeals three of them, namely A2, A3 and A4 have filed these appeals which have been heard together and this judgment will dispose of them.

(2.) Briefly stated the prosecution case is as under:-

(3.) At the outset, we may point out that the prosecution case, to the extent it sought to prove that the above named five boys were set on fire while they were sleeping inside room No. 7 of Railway building No. 1003 and that owing to burn injuries they met with their death stands proved by overwhelming evidence on record. Since, this part of the prosecution case was not challenged by the accused persons in the Courts below we need not detail or discuss the evidence adduced in proof thereof.