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2022 Supreme(SC) 891

SURYA KANT, ABHAY S. OKA
Sahebrao Arjun Hon – Appellant
Versus
Raosaheb S/o Kashinath Hon – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Shivaji M Jadhav, Adv. for M/S. S.M. Jadhav And Company
For the Respondent(s): Mr. Sudhanshu S. Choudhari, AOR Mr. Mahesh P Shinde, Adv. Ms. Rucha A Pande, Adv. Mr. Raagav Raghul, Adv. Mr. Siddharth Dharmadhikari, Adv. Mr. Aaditya A. Pande, AoR Mr. Bharat Bagla, Adv. Mr. Sachin Patil, Adv.

JUDGMENT :

ABHAY S. OKA, J.

1. Leave granted.

2. The appellant is the complainant who is one of the victims of the offence subject matter of this appeal. The respondent nos. 1 to 4 are the accused nos. 7 to 10. On account of death of the respondent no. 3 accused no. 9, this appeal stands abated as against him.

3. The respondent nos. 1 to 4 were convicted by a Court of Judicial Magistrate for the offences punishable under Sections 326, 324 and 447 read with Section 34 of the Indian Penal Code, 1860 (for short ‘IPC’). For the offence punishable under Section 326 read with Section 34 of IPC, the learned Trial Judge sentenced the respondent nos. 1 to 4 to undergo rigorous imprisonment for a period of three years and to pay fine of Rs. 3,000/- each. In default of payment of fine, they were sentenced to suffer simple imprisonment for 3 months each. For the offence punishable under Section 324 read with Section 34 of IPC, the said respondents were sentenced to suffer rigorous imprisonment for a period of one year and to pay fine of Rs. 1,000/- each. In default of payment of fine, they were sentenced to undergo simple imprisonment for one month each. For the offence punishable under Section 44


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