B.N.AGARWAL, DALVEER BHANDARI, P.P.NAOLEKAR
Abdul Rashid Abdul Rahiman Patel – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT
B.N. AGRAWAL, J. —
1.Seventeen accused persons were charged and tried for offences under Sections 147, 148, 302/149, 302 read with Section 34, 307/149, 326/149 and 324/149 of the Indian Penal Code [‘IPC’ for short] and by judgment rendered by the Trial Court they were acquitted of all the charges. Against the order of acquittal an appeal was preferred by the State of Maharashtra before the High Court during the pendency of which Abbas Yunus Sonde [A-8] and Ibrahim alias Abdul Rahman Mohammad Kasim Patel [A-9] died, as such, appeal against them abated. The order of acquittal has been confirmed by the High Court in relation to seven accused persons viz., Qasim Hasanmiya Bedekar [A-7], Iqbal Abbas Sonde [A-12], Sharfuddin Abdul Rahiman Patel [A-13], Usman Hasanmiya Bedekar [A-14], Hasanmiya Dhondumiya Bedekar [A-15], Hajirabai w/o Daud Patel [A-16] and Julekhabi w/o Liyakat Sonde [A-17]. So far as, Abdul Rashid Abdul Rahiman Patel [A-5], Siraj Abbas Sonde [A-6] and Idrus Yunus Patel [A-11] are concerned, their acquittal has been confirmed in relation to the charge under Section 302 IPC but they have been convicted under Section 148 IPC and sentenced to undergo rigorous imprison
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