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1994 Supreme(Bom) 382

VISHNU SAHAI
Chintaman Rajaram Kharkar and others – Appellant
Versus
State of Maharashtra – Respondent


JUDGMENT - VISHNU SAHAI, J.:---Since both these appeals arise out of common judgment, they are being disposed of together.

2. All the six appellants in both the connected criminal appeals were convicted under sections 147 I.P.C., 452 and 324 I.P.C. read with section 149 I.P.C. and were sentenced to undergo 4 months, 6 months and 8 months rigorous imprisonment respectively. In addition, appellants Chintaman Rajaram Kharkar, Trimbak Shimgya Mokashi, Ashok Harishchandra Mokashi and Kiran Trimbak Mokashi were convicted under section 142 I.P.C. and were sentenced to undergo 6 months rigorous imprisonment. All the sentences of the appellants were directed to run concurrently. The aforesaid convictions and sentences of the appellants were recorded by the Second Additional Sessions Judge, Thane, in Sessions Case No. 262/1986 vide order dated 4-2-1988.

3. The prosecution case in brief is that the informant Chandrakant, P.W. 1 and Vitthal P.W. 2 are real brothers. They reside in Village Vitawa, Koliwada, Taluka and District Thane. The appellants are also said to be the residents of the same village. It is alleged that they had jointly purchased a video which had been stolen away and a complai











































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