209Cri.apeal81.08.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPEAL NO. 81 OF 2008

1)

Purushottam Natthuji Patharikar,

(original accused No. 1)

Aged about 37 years.

Occ. Cultivator

2)

Narendra Dadarao Patharikar,

(original accused No. 2)

Aged about 36 years,

Occ. Cultivator

3)

Pandurang Baliram Patharikar

(original accused No. 3)

Aged about 45 years,

Occ. Cultivator

4)

Sunil Sopanrao Warankar,

(original accused No. 7)

Aged about 29 years,

Occ. Cultivator

5)

Prashant alias Balkrushna

Dinkarrao Mohod

(original accused No. 10)

Aged about 40 years,

Occ. Cultivator

6)

Santosh Shivlal Mohod,

(original accused No. 11)

Aged about 33 years,

Occ. Cultivator

7)

Narendra Manikrao Mohod,

(original accused No. 12)

Aged about 33 years,

Occ. Cultivator

8)

Devidas Ambadas Patharikar

(original accused No. 14)

Aged about 36 years,

Occ. Cultivator

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9)

Gajanan Shriram Patharikar,

(original accused No. 16)

Aged about 44 years,

Occ. Cultivator

10)

Vijay Shaligram Mohod

(original accused No. 26)

Aged about 30 years,

Occ. Cultivator

11)

Dadarao Yashwantrao Patharikar

(original accused No. 30 )

12)

Janrao Gulabrao Patharikar

(original accused No. 6)

All residents of Manabda,

Tq. Telhara, Dist. Akola

…APPELLANTS

// VERSUS //

The State of Maharashtra

through P.S.O. Telhara,

District Akola

…RESPONDENT

_____________________________________________________________________________

Shri Suyash Agrawal, Adv. h/f Shri S.V. Sirpurkar, Advocate for the appellants.

Shri H.D. Dubey, A.P.P. for respondent – State.

__________________________________________________________________

CORAM :

PUSHPA V. GANEDIWALA

, J.

DATE :

JANUARY 21, 2021

ORAL JUDGMENT :

This appeal is directed against the judgment and order

dated 21/01/2008 passed by the Ad hoc Additional Sessions

Judge, Akot, in Sessions Trial No.59/2005, by which the appellants

have been convicted in Crime No.50/2004 for the offences

punishable under Sections 147, 148, 452, 324, 336, 427 and 435

209Cri.apeal81.08.odt

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read with Section 149 of the Indian Penal Code (for short “IPC”)

registered at Police Station, Telhara, District Akola.

2.

For the offence punishable under Section 324 of the

IPC, the appellants are sentenced to suffer rigorous

imprisonment for one year and to pay fine of Rs.500/-

(Rs. Five hundred only) each; in default, to undergo further

rigorous imprisonment for one month.

For the offence punishable under Section 336 of IPC,

the appellants are sentenced to suffer rigorous imprisonment for

one month and to pay fine of Rs. 100/- (Rs. One hundred only)

each; in default, to pay undergo further rigorous imprisonment

for four days.

For the offence punishable under Section 427 of the

IPC, the appellants are sentenced to suffer rigorous

imprisonment for six months and to pay fine of Rs. 500/- (Rs. Five

hundred only) each; in default, to pay to undergo further rigorous

imprisonment for one month.

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For the offence punishable under Section 435 of the

IPC, the appellants are sentenced to suffer rigorous

imprisonment for two years and to pay fine of Rs.1,000/-

(Rs. One thousand only) each; in default, to undergo further

rigorous imprisonment for two months.

For the offence punishable under Section 452 of the

IPC, the appellants are sentenced to suffer rigorous

imprisonment for two years and to pay fine of Rs. 500/-

(Rs. Five hundred only) each; in default, to undergo further

rigorous imprisonment for one month.

All the substantive sentences were directed to run

concurrently.

The appellants have been acqu