Criminal appeals challenging the judgment of the High Court of Bombay, which upheld the Trial Court's conviction of accused Nos. 1-6 for offences including murder and attempted murder. Accused Nos. 5 and 6, who did not have a specific role in the crime, argued against their conviction under Section 149 IPC. The court reviewed testimonies and evidence, concluding that their presence and participation in the unlawful assembly were sufficient for conviction. The appeal was dismissed, maintaining the life imprisonment sentences.

1. Introduction

• Counsel for the parties were heard.

2. High Court Judgment

• The judgment and order dated 18.10.2010 by the High Court of Bombay dismissed the criminal appeals and confirmed the Trial Court's judgment convicting accused Nos. 1-6.

3. Trial Court Judgment

• The Trial Court, on 21.02.2002, convicted accused Nos. 1-6 and sentenced them to life imprisonment under Section 302 r/w 149 IPC and imposed a fine.

4. Appeals Overview

• Two appeals, Criminal Appeal No. 412/2012 and Criminal Appeal No. 651/2013, were clubbed together, concerning the conviction of accused Nos. 3, 5, and 6.

5. Allegations and Incident Description

• The incident involved a group assault by all accused with deadly weapons, resulting in the death of Mohan Mungase and injuries to Nandkumar Mungase and Maruti Nakate.

6. Background of the Case

• The conflict arose over the management of a country liquor shop owned by Mama Bhojane and entrusted to the deceased and his brother, causing annoyance to accused No. 1.

7. Incident on 06.02.1999

• Description of the events leading to the assault on Mohan Mungase at Mama Bhojane's house.

8. Eyewitness Accounts

• Testimonies of Nandkumar Mungase (PW-5), Savita (PW-4), and Constable Mahadeo (PW-9) corroborated the prosecution's case.

9. Legal Issues and Arguments

• Discussion on the applicability of Section 149 IPC and the involvement of accused Nos. 5 and 6 in the unlawful assembly.

10. Court's Findings

• The court found that accused Nos. 5 and 6 were part of the unlawful assembly with a common object, thus justifying their conviction under Section 149 IPC.

11. Conclusion

• The appeals were dismissed, and the life imprisonment sentences were upheld. The court noted that appellants could apply for remission based on the state's policy.