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2008 Supreme(SC) 91

ARIJIT PASAYAT, AFTAB ALAM
Shaikh Majid – Appellant
Versus
State of Maharashtra – Respondent


JUDGMENT:

DR. ARIJIT PASAYAT, J.

1. Leave granted.

2. Challenge in this appeal is to the judgment of the Division Bench of the Bombay High Court at Aurangabad, dismissing the appeal filed by the appellants. By a common judgment two appeals were disposed of. Both the appeals were directed against the judgment and order passed by learned Third Additional Sessions Judge, Aurangabad, in Sessions Case No. 39 of 1990. Originally there were 37 accused persons in the Sessions Case who faced trial for offences punishable under Sections 302, 307, 395, 436, 324, 323, 147, 148 and 149 of the Indian Penal Code, 1860 (in short the IPC), Section 25 of the Indian Telegraph Act, (in short the Telegraph Act) and Section 3 of Prevention of Damage to Public Properties Act, 1984 (in short the Public Property Act) and Sections 3 and 4 of the Religious Institutions (Prevention of Misuse) Act, 1988 (in short the Religious Institutions Act). Learned Trial judge convicted the present appellants who were accused Nos.1 and 26 respectively for the offences punishable under Section 302 read with Section 34 and Section 324 read with Section 34 IPC. Imprisonment for life and fine of Rs.1,000/- with default stipulat





















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