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1997 Supreme(SC) 1594

G.N.RAY, G.B.PATTANAIK
Kasam Abdulla Hafiz – Appellant
Versus
State Of Maharashtra – Respondent


JUDGMENT

G.B. Pattanaik, J.-This appeal is directed against the conviction and sentence of the appellant under Sections 304 Part-I and 324 I.P.C. passed by the Division Bench of the Bombay High Court in Criminal Appeal No. 671 of 1992. The appellant who was the Assistant Public Prosecutor at the relevant point of time stood charged under Sections 302 and 307 of the Indian Penal Code for having committed the murder of one Manohar Deshmukh, father of PW-3 Nanda Deshmukh and injuring one Sanjay Patil, PW-2, respectively. The learned Sessions Judge, Raigad - Alibag, in Sessions case No. 102 of 1990 convicted the appellant of the charge under Section 302 for having committed the offence of murder of Manohar Deshmukh and sentenced him to imprisonment for life. He also convicted the appellant under Section 307 for causing injuries and attempt to commit murder of Sanjay Patil, PW-2 and sentenced him to suffer rigorous imprisonment for five years, both the sentences having been directed to run concurrently. On appeal, the Division Bench of the Bombay High Court agreed with the conclusion of the learned Sessions Judge that it was the appellant who caused the injury on the deceased Manohar who


























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