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1990 Supreme(Bom) 297

V.P.TIPNIS, M.S.VAIDYA
Jakir Ibrahim Khan – Appellant
Versus
State of Maharashtra – Respondent


JUDGMENT - M.S. VAIDYA, J.:---These appeals are directed against the order dated 27-4-1987 passed by the learned Additional Sessions Judge, Pune in Sessions Case No. 5 of 1987 on his file. Appeal No. 2 of 1988 is preferred by original accused No. 1 Jakir Ibrahim Khan and Appeal No. 8 of 1988 is preferred by original accused No. 7 Suresh Appa Thorath. Original accused Nos. 2 to 6 were acquitted of all the charges levelled against them by the prosecution.

2. Original accused Nos. 1 and 7 were convicted for the offences punishable under section 147 of the Indian Penal Code, section 148 of Indian Penal Code section 323 of the Indian Penal Code read with section 149 of the Indian Penal Code and were sentenced for the first and second mentioned offences to suffer rigorous imprisonment for one year on each count and for the third mentioned offence, to suffer rigorous imprisonment for six months and to pay a fine of Rs. 100/-. In default to suffer rigorous imprisonment for 15 days. Both the accused were also convicted of a charge for offence punishable under section 302 of the Indian Penal Code read with section 149 of the Indian Penal Code and were sentenced to suffer rigorous imprisonmen































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