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2023 Supreme(SC) 212

AJAY RASTOGI, C. T. RAVIKUMAR
Shankar – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Sanjay Jain, Sunil Kumar Verma, Sunil Kumar Verma.
For the Respondents: Sachin Patil, Siddharth Dharmadhikari, Aaditya Aniruddha Pande, Bharat Bagla, Sourav Singh, Geo Joseph, Risvi Muhammed, Durgesh Gupta.

JUDGMENT :

C.T. RAVIKUMAR, J.

1. The captioned appeals, by lifers, are directed against the self-same judgment and order dated 12.08.2009 passed by the High Court of Judicature at Bombay, Bench at Nagpur in Criminal Appeal No. 7 of 2004. The former appeal was filed by the second and third appellants therein who were accused Nos. 2 and 3 in Sessions Trial No. 80 of 2002 on the file of Additional Sessions Judge, Bhandara. The sole appellant in the latter appeal was the first appellant in Criminal Appeal No. 7 of 2004 and he was the first accused in Sessions Trial No. 80 of 2002. During the pendency of the trial, the fourth accused breathed his last and the first appellant in the former appeal viz. Sri Hiralal died during its pendency. Hence, qua him the former appeal stands abated. As per the judgment of the Trial Court the appellants were convicted under Sections 302 read with Section 34 of the Indian Penal Code, 1860 (hereinafter ‘the IPC’) for having committed murder of one Rahul Pundlik Meshram (hereafter referred to as ‘the deceased’). They were sentenced to suffer imprisonment for life besides imposing a fine of Rs. 500/- and in default of payment of fine they are to suffer rigor


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