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1986 Supreme(Bom) 79

V.P.SALVE, H.D.PATEL
Ganesh s/o Gyanbarao Shinde & others – Appellant
Versus
State of Maharashtra – Respondent


JUDGMENT - V.P. SALVE, J.:---This appeal is filled against the conviction and sentence passed by the Additional Sessions Judge, Parbhani, for offences punishable under sections 147, 148, 302 and under section 302 read with section 149 of the Indian Penal Code. The incident resulting in death of Baburao son of Raghuji Mirase resident of Puina village Taluka Kalamnuri, District Parbhani is dated 24th June, 1983, at about 4.30 p.m. It is the case of prosecution that appellants Nos. 1 to 7 who where accused No. 1 to 7 before the trial Court assaulted the deceased Baburao with stones and caused his death. The appellants were convicted for offence of murder of Baburao under sections 147, 302 read with section 149 of the Indian Penal Code but acquitted them under section 302 of the Indian Penal Code simpliciter. They were also acquitted for an offence punishable under section 148 of the Indian Penal Code. They were sentenced to imprisonment for life. The appellants have challenged the conviction and sentence before us. We have heard Mr. M.R. Daga at length and we have further heard Mr. A.H. Kapadia, Counsel for the appellants and Shri. R.G. Deo, Public Prosecutor, for the Respondent-S











































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