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2005 Supreme(Bom) 1756

A.H.JOSHI
Bhagwan Trimbak Garde – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared
Mr. JOYDEEP CHATTERJEE, Advocate for Appellant No.1.
Mr. P. B. PATIL. Advocate for Appellant Nos.2 and 6.
Mr. P. C. PATEL, Additional Public Prosecutor, for Respondent No.1-State.
Mr. R. M. DESHMUKH, Advocate for Respondent No.2.

JUDGMENT :- Appeal is called out for hearing.

2. The present Appellants along with other accused persons numbering ninety faced a trial for alleged commission of offences by them under Sections 147, 148, 307, 395, 120B, 323 and 427, all read with Section 149 of Indian Penal Code, and Section 37(1)(3), read with Section 135(1) of the Bombay Police Act, wherein the present appellants were held guilty for offences under Sections 147 and 148 of Indian Penal Code, Section 135(1)(3) of the Bombay Police Act, as well as Section 301, read with Section 149 of Indian Penal Code; and sentenced to Rigorous Imprisonment for [a] one year on each count with a fine of Rs.1,000=00 each, in lieu whereof, Rigorous Imprisonment for six months on each count, [b] six months with a fine of Rs.1,000=00 each, and, on failure to pay the same, Rigorous Imprisonment for two months, and [c] seven years with a fine of Rs.5,000=00 each, in lieu of which, Rigorous Imprisonment for one year, on the first, second, third and fourth counts respectively.

3. It is seen that the complainant has suffered a grievous hurt as his arm below wrist was separated by the injury.

4. It is also seen from evidence that the assault lea




















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