JUDGMENT (ORAL)

Vishnu Sahai, J. - This appeal has been preferred by the State of Maharashtra under section 377 (1) Cr. P. C. for enhancement of sentence of the respondents who were tried by the Sessions Judge. Kolhapur in Sessions Case No. 44 of 1985 for offences punishable under sections 147, 148, 302 r/w 149, and 323 r/w 149 IPC and vide judgment dated 29-7-1985 were convicted and sentenced in the manner stated hereinafter.

(i) Under section 147 IPC to suffer imprisonment till raising of the court and to pay a fine of Rs. 100/ - each in default to undergo 3 months RI;

(ii) Under section 149 IPC to suffer imprisonment till rising of the court and to pay a fine of Rs. 100l- each in default to undergo 3 months RI; and

(iii) Under section 323 r/w 149 IPC to suffer imprisonment till raising of the court and to pay a fine of Rs. 100/ - each in default to-undergo 3 months RI.

The respondents were acquitted for offences under section 302 r/w 149 IPC.

2. In short, the prosecution case was that on 15-12-1993, at about 9/10 a.m. the respondent no. 2 took his bullock-cart from the open space be longing to the deceased Sonabai Shankar Kamalakar and others. At that time, they obj