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1999 Supreme(SC) 1302

G.B.PATTANAIK, R.P.SETHI
Rajesh Govind Jagesha: Sharif Anwar Saiyyad: Harish Govind Jagesha – Appellant
Versus
State Of Maharashtra – Respondent


JUDGMENT

Sethi, J.-The appellants herein along with Santosh @ Sandeep @ Shanu were tried for the commission of offences punishable under Section 302, 504 read with Section 34 IPC by the Sessions Judge, Thane. They were alleged to ave committed the murder of Joy Kutty on 2.1.1993 at about 4.45 p.m. in a locality of Mumbai known as Vashi. They were convicted and sentenced to suffer imprisonment for life the commission of offences under Section 302 read with Section 34 IPC. The appeal filed by all the accused persons was dismissed by the High Court vide the judgment impugned in these appeals. All the accused persons excepting accused Santosh @ Sandeep @ Shanu have preferred these appeals alleging that the courts below have not appreciated the evidence properly in the case and that no case for conviction was made out against them. The prosecution witnesses were alleged to be interested and chance witnesses and were alleged to have not seen the occurrence. It is further contended that appellant Rajesh Govind Jagesh, Accused No. 2 before the Trial Court could not be convicted as he was not properly identified at the identification Parade which is stated to have been held in violation of s
















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