2025:BHC-NAG:10825-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPEAL NO. 381 OF 2019

1. Rohit S/o Vijay Onkar, Aged about 22 years, Occupation:- Education, R/o. Dalit Society, Patipura, Yavatmal.

2. Adesh @ Adya S/o Anil Khairkar, Aged about 21 years, Occupation:- Education, R/o. Ashok Nagar, Patipura, Yavatmal.

3. Suhas S/o Anil Khairkar, Aged about 22 years, Occupation :- Education, R/o. Ashok Nagar, Patipura, Yavatmal. 4. Ashwin @ Gondya Deepak Telang, Aged about 24 years, Occupation: Labourer, R/o. Ambedkar Nagar, Patipura, Yavatmal.

5. Vaibhav S/o Krushnarao Naik, DEAD

6. Roshan @ Kandi S/o Purushottam Pradhan, Aged about 20 years, Occupation:- Education, R/o. Ambika Nagar, Yavatmal.

7. Anup @ Dadu S/o Anil Ramteke, Aged about 22 years, Occupation:- Education, R/o. Patipura, Yavatmal.

8. Sachin @ Batya S/o Ashokrao Bhoyar, Aged about 20 years, Occupation: Labourer, R/o. Waghapur, Tekadi, Yavatmal. APPELLANTS Versus The State of Maharashtra, Through Police Station Officer, Police Station Yavatmal City, District: Yavatmal. RESPONDENT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Mr. R.M. Daga, Advocate for the Appellant Nos. 1, 2 & 6 to 8.

Mr. P.W. Mirza, Advocate for the Appellant Nos. 3 & 4.

Mr. N.H. Joshi, APP for the Respondent/State.

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CORAM : URMILA JOSHI PHALKE AND NANDESH S. DESHPANDE, JJ.

RESERVED ON : 26^th SEPTEMBER, 2025.

PRONOUNCED ON : 13^th OCTOBER 2025.

ORAL JUDGMENT :- ( PER : URMILA JOSHI PHALKE , J.)

1. The present appeal is directed against the judgment and order of sentence passed by Additional Sessions Judge, Yavatmal in Sessions Trial No. 32/2018 dated 12.04.2019 convicting the present Appellants/accused of the offence punishable under Section 302 r/w 149, 307 r/w 149, 120-B, 449, 143, 144, 147 and 148 of the Indian Penal Code and sentenced as follows:-

i) to suffer imprisonment for life and to pay a fine of Rs.10,000/- each, in default to undergo further RI for one year each of the offence punishable under Section 302 read with Section 149 of IPC.

ii) to suffer RI for 10 years and to to pay a fine of Rs.5,000/- each, in default to undergo further RI for six months each of the offence punishable under Section 307 read with Section 149 of IPC.

iii) to suffer imprisonment for life and to pay a fine of Rs.5,000/- each, in default to undergo further RI for six months each of the offence punishable under Section 120-B of IPC. iv) to suffer RI for 10 years and to pay a fine of Rs.5,000/- each, in default to undergo further RI for six months each of the offence punishable under Section 449 of IPC.

v) to suffer RI for 6 months and to pay a fine of Rs.1,000/- each, in default to undergo further RI for two months each of the offence punishable under Section 143 of IPC.

vi) to suffer RI for 2 years and to pay a fine of Rs.1,000/- each, in default to undergo further RI for three months each of the offence punishable under Section 144 of IPC.

vii) to suffer RI for 2 years and to pay a fine of Rs.1,000/- each, in default to undergo further RI for three months each of the offence punishable under Section 147 of IPC.

viii) to suffer RI for 2 years and to pay a fine of Rs.1,000/- each, in default to undergo further RI for three months each of the offence punishable under Section 148 of IPC.

2. Brief facts of the prosecution case emerges from the Police papers and recorded evidence are as under:

2(i). Informant Shalini Vijay Thool is the mother of the deceased. The deceased Anil and injured Premraj are friends. On 31.10.2017, at 8.30 p.m., the deceased Anil went to meet the injured and they were chit chatting in front of the shop of Vijay Shende uncle of injured Premraj, at the relevant time, accused No.1/Rohit Vijay Onkar alongwith accused No.2/Adesh Anil Khairkar, accused No.3/Suhas Anil Khairkar and accused No.4/Ashwin @ Gondya Deepak Telang came to the house of the Infor