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2022 Supreme(SC) 1901

B. R. GAVAI, PAMIDIGHANTAM SRI NARASIMHA
Yatendrasingh Ajabsingh Chauhan – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
Mr. S.R. Singh, Sr. Advocate, Mr. Ajay Yadav, Advocate, Mr. Sushant Kumar Yadav, Advocate, Mr. Prateek Yadav, Advocate, Mr. Saurabh Sharma, Advocate, Mr. Mangal Prasad, Advocate, Mr. Ankur Yadav, Advocate, for the Appellant; Mr. Rahul Chitnis, Advocate, Mr. Sachin Patil, Advocate, .Mr. Aaditya A. Pande, Advocate, Mr. Geo Joseph, Advocate, Ms. Shwetal Shepal, Advocate, for the Respondent.

JUDGMENT

B.R. Gavai, J. - The appeal challenges the judgment dated 23rd June 2016 passed by the High Court of Judicature at Bombay in Criminal Appeal No. 616 of 2009, thereby dismissing the appeal filed by the appellant challenging the Order dated 4/5th May 2009 passed by the Additional Sessions Judge, Mumbai (hereinafter referred to as "the trial court") convicting the appellant for the offence punishable under Section 302 of the Indian Penal Code, 1860 (for short "IPC") and sentencing him to undergo life imprisonment and fine of Rs. 5,000/- and, in default, to suffer simple imprisonment for one month.

2. The prosecution story in brief is thus:

The appellant was working in a company known as "Top Security" and he was posted as a security guard at Mannat Bungalow owned by a film star, namely, Shahrukh Khan. The deceased Chandrapratap Singh and other security guards were also deployed at the said bungalow. On the night of 14th August 2006, deceased Chandrapratap Singh questioned the accused as to why was he sitting in the chair and whether his revolver was filled with bullets or not. He also asked the accused as to whether his fire arm was working or not. The accused in anger held Chan

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