:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 672 OF 1989 CRIMINAL APPEAL NO. 672 OF 1989 CRIMINAL APPEAL NO. 672 OF 1989 WITH WITH WITH CRIMINAL APPEAL NO. 673 OF 1989 CRIMINAL APPEAL NO. 673 OF 1989 CRIMINAL APPEAL NO. 673 OF 1989 The State of Maharashtra ..Appellant versus 1. Bhoju @ Bhajanlal Jethanand ] Aswani, Age 22 years, ] Camp No.3, Barrack No. 824/6 ] Section No. 17, Ulhasnagar ] Dist : Thane ] 2. Manu Radhamal Basantani ] age 28 years, R/o. Camp No. 3, ] Barrack NO. 824, Section No.17 ] Ulhasnagar, Dist: Thane ] 3. Aku @ Nand Tekchand Makhija ] age 23 years, R/o. Camp No.3 ] Barrack No.824/8, Section No.17 ] Ulhasnagar, Dist: Thane ] 4. Ganesh @ Kalu Prataprao ] Jeswani, age 22 years, ] R/o. Camp No. 3, Barrack No.1177] Forward Line, Ulhasnagar ] Dist: Thane ] 5. Shankar Dhirumal Rohida ] age 22 years, R/o. Camp No.3 ]..Respondents Barrack No 838/8, Ulhasnagar ](Original Dist : Thane ] Accused) Mr. D. R. More, APP for the Appellant - State. Mr. Ganesh Gole for the Respondents - Original Accused. CORAM : D. G. DESHPANDE, & CORAM : D. G. DESHPANDE, & CORAM : D. G. DESHPANDE, & S. R. SATHE, JJ. S. R. SATHE, JJ. S. R. SATHE, JJ. DATE : 15TH JANUARY, 2007. DATE : 15TH JANUARY, 2007. DATE : 15TH JANUARY, 2007. :2: OPERATIVE PART OF THE ORDER : OPERATIVE PART OF THE ORDER : OPERATIVE PART OF THE ORDER : For reasons separately recorded, the following order is passed: ORDER ORDER ORDER . Both the Appeals are allowed. . Acquittal of all the accused is set aside and the conviction of accused No.1 under Section 323 is also set aside. . All the accused are held guilty under Sections 147, 148, 149, 325 and 354 of IPC. . All the accused are convicted under Section 147 of IPC and are sentenced to suffer R.I. for one year with fine of Rs.500/- (Rupees Five Hundred) each in default R.I. for one month each. . All the accused are convicted under Section 148 of IPC and are sentenced to suffer R.I. for one year with fine of Rs.500/- (Rupees Five Hundred) :3: each in default R.I. for one month each. . All the accused are convicted under Section 325 of IPC and are sentenced to suffer R.I. for three years with fine of Rs.10,000/- (Rupees Ten Thousand) each in default R.I. for six months each. . All the accused are convicted under Section 354 r/w 149 of IPC and are sentenced to suffer R.I. for one year with fine of Rs.500/- (Rupees Five Hundred) each in default R.I. for one month each. . All the substantive sentences to run concurrently. . All the Accused to surrender within a period of four weeks from today. If they fail to surrender, the trial court to take appropriate action against them under Criminal Procedure Code and send them to jail for undergoing sentence. Their Bail bonds stands cancelled. . If the fine is recovered, 3/4th of the same shall be given to the heirs of deceased, as compensation. :4: (D.G. DESHPANDE, J.) (D.G. DESHPANDE, J.) (D.G. DESHPANDE, J.) (S. R. SATHE, J.) (S. R. SATHE, J.) (S. R. SATHE, J.)