IN THE SUPREME COURT OF INDIA

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.

....2/-

- 2 -

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.