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2001 Supreme(Bom) 12

S.D.GUNDEWAR, S.P.KULKARNI
Shrawan – Appellant
Versus
State of Maharashtra – Respondent


JUDGMENT

S.P. Kulkarni, J. - This appeal is preferred by the original accused Nos. 1 and 2, who were tried alongwith a third accused for an offence punishable under Section 302 read with Sections 147, 148 and 149 of Indian Penal Code. The third accused was acquitted by the trial Court. The present two appellants were convicted and they were sentenced to undergo imprisonment for life with a fine of Rs. 1.000/- by each and in default a further sentence of imprisonment for six months by each one of the appellants.

2. In this appeal, the learned Advocate appearing for the appellants confined his submission to only one point. According to him excepting the evidence of the eye witness P.W. 1 Damodhar and the medical evidence concerning the certification of the injuries and the post-mortem report, he submitted that the circumstances were clearly suggestive of the fact that though the appellants may have the knowledge of the injuries sustained by the deceased were likely to cause his death, still the evidence on record was suggestive of the fact that an intention to kill must not have been harboured by any of them. He, therefore, confined his submission only to the scrutiny of evidence of















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