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2024 Supreme(SC) 532

ABHAY S. OKA, PANKAJ MITHAL
Suresh Dattu Bhojane – Appellant
Versus
State Of Maharashtra – Respondent


Advocates appeared:
For Appellant(s) Mr. Sudhanshu S. Choudhari, AOR Mr. Nitin S. Tambwekar, Adv. Mr. Seshatalpa Sai Bandaru, Adv. Mr. K. Rajeev, AOR For Respondent(s) Mr. Siddharth Dharmadhikari, Adv. Mr. Aaditya Aniruddha Pande, AOR Mr. Bharat Bagla, Adv. Mr. Sourav Singh, Adv. Mr. Aditya Krishna, Adv. Ms. Preet S. Phanse, Adv. Mr. Adarsh Dubey, Adv.

JUDGMENT :

Pankaj Mithal, J.

1. Counsel for the parties were heard.

2. Under challenge in the present criminal appeals is the judgment and order dated 18.10.2010 of High Court of Judicature at Bombay whereby it has dismissed the criminal appeals of appellants confirming the judgment and order of the Trial Court dated 21.02.2002 convicting accused Nos. 1-6 including the present appellants (i.e. A-3, A-5 & A-6) for offences punishable under Sections 147, 148, 302 r/w 149 and 307 r/w 149 of IPC and at the same time acquitting A-7 and A-8.

3. The Trial Court vide judgment and order dated 21.02.2002 acquitted accused Nos. 7 & 8, convicted the remaining accused Nos. 1-6 and sentenced them for an offence under Section 302 r/w 149 of IPC with rigorous imprisonment for life and fine of Rs. 100/- and in default, to suffer further imprisonment for period of 1 week.

4. There are two separate appeals arising out of impugned judgment and order dated 18.10.2010 which have been clubbed together vide order of this Court dated 22.04.2013. Criminal Appeal No. 412/2012 has been filed by accused Nos. 5 & 6 and Criminal Appeal No. 651/2013 has been filed by accused No. 3. Therefore, in the present appeals,

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