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2008 Supreme(SC) 1620

ARIJIT PASAYAT, MUKUNDAKAM SHARMA
State of Maharashtra – Appellant
Versus
Arjun – Respondent


Advocates appeared:
For the Appellant :Sushil Karanjkar and Ravindra Keshavrao Adsure, Advocates.
For the Respondent:Shivaji M. Jadhav and Pramji Paul, Advocates.

JUDGMENT

Dr. Arijit Pasayat, J. —

1. Challenge in this appeal is to the judgment of a Division Bench of the Bombay High Court at Aurangabad. Two persons - Indrajit Kaur (hereinafter described as A-1) and the present respondent Arjun (hereinafter described as A-2) had filed the appeal questioning their conviction and imposition of sentence, as done by the learned Second Additional Sessions Judge, Osmanabad. Each one of them was convicted for offences punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 (in short ‘the IPC’) and sentenced to undergo imprisonment for life and to pay a fine of Rs.3,000/- with default stipulations. They were also convicted for the offences punishable under Section 201 read with Section 34 IPC and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs.1,000/- with default stipulations. The appeal was allowed by the impugned judgment, so far as present respondent is concerned.

2. According to the prosecution, the appellants were having illicit relationship which was being objected to by Jagnandan Singh (hereinafter referred to as the ‘deceased’). Taking exception to his interference to their illicit r










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