1 Cri.Appeal 285.09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL APPEAL NO. 285 OF 2009 1] Gyanoba S/o Rambhau Kesale, Age 35 years, Occupation Labour, R/o Mahatpuri, Ta. Gangakhed, District Parbhani. 2] Ashok S/o Bapurao Khaje,Age 30 years Occupation Driver,R/o Mahatpuri, Ta. Gangakhed, District Parbhani. 3] Ramesh S/o Eknath Shinde,Age 33 years Occupation Driver, R/o Mahatpuri, Ta. Gangakhed, District Parbhani. 4] Ginyandeo S/o Rambhau Kesale, (Mulgir) Age 26 years occupation Agriculturist, R/o Mahatpuri, Ta. Gangakhed, District Parbhani. 5] Vijay S/o Tukaram Hake,Age 39 years, Occupation Agricultrist, R/o Bhategaon, Ta. Kalamnuri, District Parbhani. 6] Ankush S/o Bhaguji Nile,Age 27 years Occupation Agriculturist, R/o Suradwadi Ta. Gangakhed, District Parbhani. ...Appellants Original Accused Nos.1 to 6 V E R S U S 2 Cri.Appeal 285.09 The State of Maharashtra (Copy to be served on GP of High Court Bench at Aurangabad) ...Respondent Mrs. S.S.Jadhav, Advocate for appellants. Mr. N.H.Borade, A.P.P. for respondent-State. ... CORAM : A.V.NIRGUDE, J. DATED : 23RD MARCH, 2010 AND 15TH APRIL, 2010 PER COURT: Mr. Borade, learned A.G.P. made oral application for speaking to minutes. On hearing Mr. Borade and other side, I accepted Mr. Borade’s contention and in addition to the earlier order passed on 23rd March, 2010, I corrected the said order today. The order after modification reads as under:- O R D E R 1] The appeal is partly allowed. 2] The appellants are acquitted for the offences punishable under section 304(II) read with section 149 of the Indian Penal Code. 3] The appellants No.1-Gyanoba S/o Rambhau Kesale,(2) Ashok S/o Bapurao Khaje,and (3) Ramesh S/o Eknath Shinde and (6) Ankush S/o Bhaguji Nile are convicted under section 324 read with section 149 of the Indian Penal Code and are sentenced to suffer rigorous imprisonment for the term which they had already undergone in the custody. 3 Cri.Appeal 285.09 4] The Appellant No.1-Gyanoba S/o Rambhau Kesale shall be released from custody, if he is otherwise not required in any other case. 5] They shall pay a fine of Rs.2500/-(Rs. Two Thousand Five Hundred ) each. In default of payment of fine, they shall suffer further rigorous imprisonment for one month. In case the fine is deposited, the same shall be handed over to the family members of deceased/victims. 6] The appellants No.1-Gyanoba S/o Rambhau Kesale,(2) Ashok S/o Bapurao Khaje,and (3) Ramesh S/o Eknath Shinde and (6) Ankush S/o Bhaguji Nile are convicted under section 148 of the Indian Penal Code and are sentenced to suffer rigorous imprisonment for the term which they had already undergone in the custody. 7] The appellant No.4-Giyandeo S/o Rambhau Kesale (Mulgir) and appellant no.5- Vijay S/o Tukaram Hake are also convicted under section 147 of the Indian Penal Code and are sentenced to suffer rigorous imprisonment for the term which they had already undergone in the custody. 8] The appellant No.4-Giyandeo S/o Rambhau Kesale (Mulgir) and appellant no.5- Vijay S/o Tukaram Hake are convicted under section 324 r.w.149 of the Indian Penal Code and are sentenced to suffer rigorous imprisonment for the term which they had already undergone in the custody. Sd/- Date : 15.04.2010. [ A.V.NIRGUDE, J.] 4 Cri.Appeal 285.09