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1984 Supreme(Bom) 203

R.A.JAHAGIRDAR, H.H.KANTHARIA
Ismail Amir Shaikh – Appellant
Versus
State of Maharashtra – Respondent


JUDGMENT - R.A. JAHAGIRDAR, J.:---Three persons, hereinafter referred to as "the accused", were prosecuted in Session Case No. 366 of 1981 tried by Mr. N.I. Makhijani, the learned Additional Sessions Judge of Bombay for the offences to be mentioned hereinafter. Those offences have been mentioned in the charge framed by the learned Sessions Judge and, therefore, it would be appropriate to refer to the charges themselves. We are following this procedure because the impugned judgment is so hopelessly unsatisfactory that it does not give to the Court of appeal, where we are now sitting, the least idea of what the prosecution case was, what the evidence on behalf of the prosecution was and what exactly was passing in the mind of the learned Sessions Judge while he disposed of the case before him. We are mentioning something more about the quality of this judgment little later while discussing the case of accused No. 1 who lone has appealed against the judgment and order passed by the learned Sessions Judge.

2. Returning to the charge, we notice that accused Nos. 1 to 3 were charged with the offence punishable under section 392 read with section 34 of the Indian Penal Code on the ground t




















































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