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2002 Supreme(Bom) 719

R.K.BATTA, V.M.KANADE
Kashirao Kisan Lahale & others – Appellant
Versus
State of Maharashtra – Respondent


JUDGMENT - KANADE V.M., J.:---The appellants herein were charged under sections 302 read with sections 147, 148, 149, 452 of the Indian Penal Code and were also charged independently under section 307 read with section 149 of the Indian Penal Code. The trial Court convicted the accused/appellant No. 1 herein and accused Nos. 3 to 7 guilty for the offences punishable under sections 147, 148, 452 read with sections 149, 307 read with section 149 and also under section 302 read with section 149 of the Indian Penal Code and they were sentenced to suffer rigorous imprisonment for life and so far as the offence under section 302 read with section 149 of the Indian Penal Code are concerned, they were convicted for three years for having committed an offence under sections 307 read with section 149 of the Indian Penal Code. The original accused No. 2 Mohan s/o Kashinath Lahale had died during the pendency of the trial and, therefore, the trial against him has abated in view of his death. Appellant No. 1 is the original accused No. 1 and appellants Nos. 2 to 6 are the original accused Nos. 3 to 7. (For the sake of convenience they will be referred to original accused No. 1 and accused Nos.










































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