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2006 Supreme(SC) 804

ARIJIT PASAYAT, C.K.THAKKER
Sham Shankar Kankaria – Appellant
Versus
State Of Maharashtra – Respondent


JUDGMENT

Arijit Pasayat, J.—These appeals are directed against a common judgment of the Division Bench of the Bombay High Court by which eight appeals were disposed of. Six of them were by the accused persons while two were by the State. Out of the two Criminal Appeals filed by the State, one was against the acquittal of the accused persons of the charge under Section 302 read with Section 34 of the Indian Penal Code, 1860 (in short the IPC) and of Section 135 of the Bombay Police Act, 1951 (in short the Bombay Act). The other was for enhancement of sentence. The two appeals filed by the State were allowed, except in respect of two who had died, while the six appeals filed by the accused persons were dismissed.

2. The appeals were directed against the judgment and order dated 6th February, 1993 passed by the learned Third Additional Sessions Judge, Nasik whereby accused No.1 Sham Shankar Kankaria was convicted for offence punishable under Section 304 Part II IPC. The other five accused persons were convicted for offence punishable under Section 325 read with Section 34 IPC. All the six accused persons were convicted for offence punishable under Section 342 read with Section 34 IPC





































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