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2019 Supreme(SC) 983

N.V.RAMANA, MOHAN M.SHANTANAGOUDAR, AJAY RASTOGI
Umesh Tukaram Padwal – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For Appellant(s) :Ravindra Keshavrao Adsure, Advocate
For the Respondent(s):Mr. Nishant Ramakantrao Katneshwarkar, Anoop Kandari, Advocates

JUDGMENT

MOHAN M. SHANTANAGOUDAR, J.

This appeal is directed against the judgment dated 09.10.2013 of the High Court of Judicature at Bombay in Criminal Appeal No. 130 of 2006, confirming the judgment passed by the Additional Sessions Judge, Kalyan in Sessions Case No. 282 of 2002. The impugned judgment confirmed the conviction of Accused No. 1 for the offence punishable under Section 420 of the Indian Penal Code (for short “IPC”) for cheating the deceased and the informant out of a sum of Rs. 45,000/-, and of Accused Nos. 1 and 2 for the offences punishable under Sections 364 and 302 read with Section 34, IPC, for abducting the deceased in order to murder him, and subsequently committing such murder, in furtherance of their common intention. Accused Nos. 1 and 2 are Appellant Nos. 1 and 2 herein.

2. The case of the prosecution in brief is as follows:

About a month prior to the incident, PW-1 Jayram Dhum, the informant and the maternal uncle of the deceased Dnyaneshwar, came to know that Umesh Padwal (Accused No. 1) used to arrange jobs at the Jindal plant at Vasind and charge money in return. As the deceased was unemployed, on 1.7.2002, PW-1 approached Accused No. 1 to procure emp

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