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Jawahar Punekar Vs. State of Maharashtra [05/12/12]

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[Criminal Appeal No. 1040 of 2008]. This appeal is directed against the judgment and order passed by the High Court of Judicature at Bombay, Nagpur Bench in Criminal Appeal No. 238 of 1999, dated 06.03.2006. By the impugned judgment and order, the High Court has confirmed the order of conviction and sentence passed by the learned Additional Sessions Judge, Wardha in Sessions Trial No. 152 of 1997, dated 20.08.1999. There are six accused persons, namely Jawahar Punekar (A1), Chhotu Punekar (A2), Santosh Punekar (A3), Bandu Punekar (A4), Pannalal Punekar (A5) and Smt. Lilabai Punekar (A6), belonging to the same family, before us, as appellants in this appeal. All these appellants question the conviction and sentence awarded by the Trial Court and subsequently confirmed by the High Court. The appellants were tried by the Trial Court on a charge that on 08.02.1997 approximately at 08:40 p.m. at Hawaldarpura, Wardha, they had formed an unlawful assembly with the common object of murdering one Abdul Jakir Faruki ("the deceased" for short) and committed offence punishable under Sections 147, 148, 506, 302 read with Section 149 of the Indian Penal Code ("the IPC" for short).

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