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2005 Supreme(Bom) 44

P.V.HARDAS, S.B.DESHMUKH
GANGADHAR FAKKAD SALUNKE – Appellant
Versus
STATE OF MAHARASHTRA – Respondent


Judgment

P. V. HARDAS, J.

( 1 ) THE appellants in both these appeals, who on being convicted by the Additional Sessions Judge, Sangamner, by judgment dated 30-4-2003, in Sessions Case No. 1 of 2002, and sentenced to imprisonment for life and to pay a fine of Rs. 2,000/- each, in default to undergo simple imprisonment for three months for an offence punishable under section 302 read with section 34 of Indian Penal Code by these appeals challenge their conviction and sentence.

( 2 ) SUCH of the facts as are necessary for the decision of these appeals can briefly be stated as under :- p. W. 9 P. S. I. Vijay Shinde, who was attached to Sangamner Police Station recorded the complaint of P. W. 1 Chandrabhaga at Exh. 18 on 25-10-2001. On the basis of the said complaint an offence vide Crime No. I. 168 of 2001 came to be registered and information in respect of the offence was sent to P. W. 11 P. I. Bhagat and to the Superintendent and Deputy Superintendent of Police. P. W. 10 a. S. I. Argade was handed over the investigation of the crime and he immediately proceeded to the place of the incident and drew the scene of the offence panchanama at Exh. 20 in the presence of P. W. 2 Gautam. The












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