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1981 Supreme(SC) 116

A.D.KOSHAL, V.BALAKRISHNA ERADI, R.B.MISRA
Badruddin Rukonddim Karpude – Appellant
Versus
State Of Maharashtra – Respondent


Judgment

KOSHAL, J.:- This appeal under Section 2 (j) (a) of the SC (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 is directed against a judgment dated the 11th July, 1975 of a Division Bench of the High Court of Bombay setting aside the acquittal recorded by the Additional Sessions Judge, Latur of the 8 appellants and convicting them of offences under Sections 147 and 148 and Section. 302 read with Section 149 of the Indian Penal Code, and sentencing each of them to rigorous imprisonment for a year on the first count, to a similar term of imprisonment on the second, and to imprisonment for life on the third, the three sentences having been directed to run concurrently.

2. The occurrence took place on the 30th December, 1971 and Amirali, a step-brother of Shahabuddin (P. W. 1) lost his life in consequence. 17 persons were tried by the learned Additional Sessions Judge for the offences mentioned above as also one under Section 302 read with Section 34 of the Indian Penal Code. The trial ended in acquittal of all the accused with the judgment dated October 11, 1972 rendered by the learned Additional Sessions Judge which was, however, set aside in the case of the 8 appellant



























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