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2005 Supreme(Bom) 1448

J.N.PATEL, R.C.CHAVAN
Parmeshwar s/o Watuji Sidam – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared
Ms. MURTHY for Shri. ANJAN DE, Counsel for Appellant.
Shri. D. B. YENGAL, Additional Public Prosecutor for Respondent.

R. C. CHAVAN, J.:- Being aggrieved by his conviction for the offence punishable under Section 302 of the Penal Code and the resultant sentence of imprisonment for life and fine imposed upon him by the learned Additional Sessions Judge, Chandrapur, the convict has preferred this appeal.

2. The facts, which led to the prosecution of the appellant, are as under:

3. The appellant was running a ration shop at Village Satara Tukum. Villages Satara Tukum, Satara Komti and Satara Bhosale have one Gram Panchayat. Victim Nadarkhan was the Police Patil of the Village. Nadarkhan had made a report to the Food Supply Officer about non-distribution of ration to ration card holders from the shop of the accused. On 10-03-1995 at about 4.00 p.m., the accused beat up Nactarkhan, lifted him and carried Nadarkhan from Satara Komti to Satara Tukum and on the way, caused serious injuries to Nadarkhan.

Nadarkhan's daughter Ruksana came to know of the injuries sustained by Nadarkhan and caused him to be taken to the hospital. She also informed the police, whereupon an offence was registered.

4. Nadarkhan succumbed to injuries on 18-03-1995. After an inquest, his body was sent for post mortem examination. In th














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