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1997 Supreme(SC) 1228

J.JAGANNADHA RAO, M.K.MUKHERJEE
Tanaji Govind Misal: Dadasaheb Patalu Misal: Vishwanath Misal: Babasaheb Chandu Misal: Raosaheb Shripati Misal: S Shahji Govind Misal: Namdeo Nanasaheb Misal – Appellant
Versus
State Of Maharashtra – Respondent


JUDGMENT

M.K. Mukherjee, J.-Twenty nine persons were arraigned before an Additional Sessions Judge of Solapur for rioting, two murders and other related offences. The trial Judge convicted nineteen of them under Sections 148, 302/149, 307/149 and 324/149 I.P.C. and acquitted the rest. For the conviction under Section 302/149 I.P.C. the trial Judge sentenced three of the convicts to imprisonment for life and the remaining sixteen to rigorous imprisonment for two years each and fine. For the other convictions he sentenced them to different terms of imprisonment and fine with a direction that the substantive sentences shall run concurrently. Assailing the above judgment the nineteen convicts filed one composite appeal. The State also filed two appeals: one for setting aside the acquittal of the ten accused persons and the other for enhancement of the sentences imposed upon the nineteen convicts. A revision application was also filed by the complainant seeking similar reliefs. While admitting the appeal of the convicts the High Court issued a suo motu rule calling upon them to show cause why their sentences recorded under Sections 302/149. 307/149 and 324/149 I.P.C. should not be enhanc

















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