Lahu
Laxman Pabale & Ors. Vs. State of Maharashtra [2009] INSC 1460 (19 August
2009)
Judgment
CRIMINAL
APPELLATE JURISDICTION CRIMINAL APPEAL NO.1360 OF 2002 Lahu Laxman Pabale &
Ors. ...Appellant(s) Versus State of Maharashtra ...Respondent(s) With Criminal
Appeal No.1359 of 2002 O R D E R Heard learned counsel for the parties.
Thirty
persons were charged by the police with the allegation of having murdered
Namdeo. One of them, namely, Shivaji Bapurao Pabale was found to be juvenile
and, therefore, his case was separated and referred to Juvenile Court at Pune.
The remaining accused were tried for committing offences under Sections 147,
148, 149, 302, 449, 427 read with Sections 120-B and 34 of the Indian Penal
Code (for short `I.P.C.'). During the trial, accused No.15, Tukaram Haribhau
Hinge died. By judgment dated 4.2.1986, the trial Court acquitted all the
twenty-eight accused.
The State
of Maharashtra challenged the judgment of acquittal in Criminal Appeal
No.313/1986. During the pendency of the appeal, accused No.18, Dhondu Hari
Pabale died. On a re-appreciation of evidence, the High Court upheld the
acquittal of fourteen accused but convicted the remaining thirteen under
Section 302 read with Section 34 I.P.C. and sentenced them to undergo imprisonment
for life.
All of
them have appealed against the judgment of conviction.
We have
been taken through the entire evidence and the judgments rendered by the trial
Court as well as the High Court. In our view, the judgment of acquittal recorded
by the trial Court is based on wholesome appreciation of evidence and the
finding recorded by it cannot be said to be perverse in any manner. This being
the position, the High Court was not justified in interfering with the same.
Accordingly,
the appeals are allowed, impugned judgment rendered by the High Court in
relation to the appellants is set aside and their acquittal by the trial Court
is restored.
The
appellants, who are on bail, are discharged from the liability of bail bonds.
......................J. [B.N. AGRAWAL]
......................J. [G.S. SINGHVI]
......................J. [AFTAB ALAM]
New Delhi,
August 19, 2009.
Back
Pages: 1 2
