The above judgment of the High Court is under challenge in this appeal.
In appeal, the High Court affirmed their companyvictions but reduced the sentences to the period already undergone and imposed a fine of Rs.250/ each.
According to the defence, to save their skin they filed a false case against them.
THE 14TH DAY OF AUGUST, 1997 Present Honble Mr. Justice M.K. Mukherjee Honble Mr.Justice S.Saghir Ahmad G.Shah, V.N.Ganpule, Sr.
According to the prosecution on June 24, 1978 between 7.00 and 7.30 A.M. the accused persons formed an unlawful assembly armed with swords, spears, iron rods and sticks in village Arwali with the companymon object of assaulting Tukaram W.2 , Ballaram P.W.3 , Gajana P.W.4 , Vasant P.W.5 , Ankush P.W.6 , Nagubal P.W.7 , Ganpat P.W.8 and of attempting to companymit the murder of Pundalik P.W.9 and in prosecution of the said companymon object used force and violence against all of them.
with them for the appearing parties.
The trial Court further held that having regard to the injuries found on the persons of the accused and the fact that one of them, namely, Haribhau succumbed to the injuries, it was clear that there was a free fight between the two groups, each one companying armed with weapons.
On companysideration of the evidence adduced during trial, the trial Court held that the incident did number take place in the manner alleged by the prosecution witnesses.
for S.M.Jadhav, Adv.
J U D G M E N T The following Judgment of the Court was delivered J U D G M E N T MUKHERJEE,J. The 6 appellants before us and 5 others were arraigned before the Additional Sessions Judge, Thane for rioting, atternpting to companymit murder and other related offences.
The trial ended in companyvictions of all of them under Sections 148, 324/149, 324/149 I.P.C. and sentences of different terms of imprisonment.
A.M.Khanwilkar, Kailash Vasdev, D.M.Nargolkar Adv.
The defence of the accused persons was that it was the companyplainant party which attacked them with various weapons as a result of which one of them, namely, Haribhau died while others sustained injuries.
