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1994 Supreme(Bom) 180

H.H.KANTHARIA, VISHNU SAHAI
Deoraj Deju Suvarna and others – Appellant
Versus
State of Maharashtra – Respondent


JUDGMENT - VISHNU SAHAI, J.:---Since Confirmation Case No. 3 of 1993 and the bunch of the aforesaid three appeals arise out of the same set of facts we propose disposing them off by a common judgment. The five appellants in the three connected criminal appeals, namely (1) Maria John Dyanprakash Nadar, (2) Raju alias Rajendra Vijayan Pille Nair, (3) Guru Nadar Keshav Natkar, (4) Rajendra Mohan Kalmadi and (5) Devraj Deju Suvarna were convicted by the Additional Sessions Judge, Greater Bombay, in Sessions Case No. 587 of 1991, under the below enumerated counts :

a) 143 I.P.C.

b) 147 I.P.C.

c) 148 I.P.C.

d) 302/149 I.P.C.

in the alternative under section 302 read with section 34 of I.P.C. for murdering Pramod Manual Kakde, and

e) 302/149 I.P.C. or in the alternative under section 302 read with 34 I.P.C. for murdering Anil Namdeo Shirsat.

As they were sentenced to death on both the counts under section 302 read with 34 I.P.C. the learned trial Judge did not award them a separate sentence on the remaining counts.

2. Feeling aggrieved by the aforesaid convictions and sentences, the five appellants have preferred the three connected criminal appeals. Clubbed with these three appeals is Conf























































































































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