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crap231.12

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

CRIMINAL APPEAL NO. 231 OF 2012

Miyakhan Abbaskhan Pathan & Ors.

..

Appellants

Versus

The State of Maharashtra & Ors.

..

Respondents

Mr. B.N. Gadegaonkar, Advocate for the appellant.

Mrs. V.A. Shinde, A.P.P. for the respondent/State.

CORAM : A.H. JOSHI &

A.V. NIRGUDE,JJ.

DATED :

05.07.2012

P.C. :-

1.

Three accused who were named and two

unidentified accused were charged for offence punishable

under section 147, 148, 324, 504, 506, 307 and 294 read

with section 149 of the Indian Penal Code.

2.

The trial has led to acquittal of the accused.

3.

In this appeal, learned Advocate for the

appellants has urged that the evidence could not have led

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crap231.12

to any other conclusion than conviction for the offence,

at least under section 324 r/w section 147, 149 and

section 34 of the Indian Penal Code.

4.

Perused the judgment and evidence of witnesses.

Even if testimony of injured witness Nos.4 and 5 are

read, the role and presence of unidentified accused is

not described adequate enough to attract sections 149 and

147 of the Indian Penal Code.

5.