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2006 Supreme(Bom) 2068

S.P.KUKDAY, S.B.DESHMUKH
MUKINDA s/o RAMA KAMBLE – Appellant
Versus
State of Maharashtra – Respondent


JUDGMENT

S. P. KUKDA Y, J. :- Appellant and four others were tried for offences punishable under sections 147, 148, 323, 324, 325, 302 and 452 read with section 149 of the Indian Penal Code (in short "IPC"). Learned I1nd Ad hoc Additional Sessions Judge acquitted all the accused of the offences punishable under sections 147, 148,323,324 and 325 read with section 149 of Indian Penal Code. He further acquitted accused Nos. 2 to 5 of the offences punishable under sections 302 and 452 read with section 149 of the Indian Penal Code. The appellant, is, however convicted of the offence punishable under sections 302 and 452 of the Indian Penal Code. For the first offence the appellant is sentenced to suffer imprisonment for life and fine of Rs. 1000/-. For the second offence, he is sentenced to suffer imprisonment for five years and to pay a fine of Rs. 1000/-. Both the sentences are directed to run concurrently.

2. Briefly stated the prosecution case is that complainant-Dashrath (PW 8), Murlidhar, Chandrakant @ Kant, Pandurang and Ankush (PW 4) are sons of Ranubai Maruti Kamble (PW 6). Ranubai lives with Ankush, his wife Sanjivani (PW 10) and their three months old child Vishnu @ Vikki (s




































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