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2004 Supreme(Bom) 1591

ANOOP V.MOHTA, S.B.MHASE
Laxi Jahu Mahala & another – Appellant
Versus
U. T. of Dadra & Nagar Haveli & another – Respondent


JUDGMENT - MOHTA ANOOP V., J.: - The appellants are charged, tried and convicted for the offence punishable under section 302 r/w 341 of the Indian Penal Code (for short "I.P.C."). Therefore, this common appeal by both the accused against the order of conviction.

2. The appellants are real brothers of the wife of the deceased Ramji. The property dispute between the deceased Ramji and the accused (brothers of Sakhu) was the alleged motive, as per the prosecution, which resulted into the death of Ramji. On 18th July, 1999, as complaint was lodged by the deceased, being holder of General Power of Attorney of his wife, the police has called the deceased and also the accused in Karad Police Chowky. The deceased Ramji and his brother Dhakalbhai Jadhav (P.W. 1), therefore, started from the village at about 7.30 a.m. On the scooter. At about 8.00 a.m., both the accused were standing on the road when the deceased and his brother reached near the Primary Health Centre, Dapada. Accused No. 2 Dhaku was holding an axe while accused No. 1 Laxi was having a stick. They stopped the scooter. Accused No. 1 gave stick blows on the head of the deceased who was driving the scooter. The deceased fell do
































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