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1989 Supreme(SC) 154

A.M.AHMADI, K.JAGANNATHA SHETTY
Kishore Shambhudatta Mishra Prakash Alias Laxminarayan Shambhudatta Mishra – Appellant
Versus
State Of Maharashtra – Respondent


Advocates:
A.M.KHANWILKAR, A.S.BHASME, B.R.AGRAWAL, P.G.GOKHALE, R.B.HATHIKHANAVALA, S.S.JAVALI, Sushma Manchanda, U.R.Lalit, V.N.GANPULE

JUDGMENT

AHMADI, J. :— Seven members of Shambhudatta Mishras family were tried for the murders of Kashinath and Sadanand which occurred in their flat No. 7 of Chhaya Building, 15th Road, Khar, Bombay-52 on January 6, 1975 between 7-30 and 8 p.m. This flat No. 7 situate on the first floor of the building comprised of a hall, one bed room and a kitchen. The entrance to the flat was from the northern door opening in the hall 14 ft. x 10 ft: in size. To the south of that hall was balcony of 14 ft. x 2 ft. which was virtually an extension of the hall. When the police reached the scene of occurrence they found two bodies, one of Kashinath and the other of Sadanand, lying in the hall; Kashinath was dead while Sadanand was unconscious. Sadanand died in the hospital sometime later. The seven members of the family of Shambhudatta Mishra were tried for their murders. The Additional Sessions Judge convicted six of them under S. 302/34, I.P.C. and sentenced them to imprisonment for life and a fine of Rs. 500, in default rigorous imprisonment for six months. Accused No. 7 Shand w/o Kishore Mishra was, however, acquitted of all the charges levelled against her. Accused Nos. 1 to 6 feeling aggriev














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