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2007 Supreme(Bom) 559

J.H.BHATIA
Ashok Mariappa Dedhe – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
Shri Abhaykumar Apte, adv. for the Petitioner.
Shri U.V.Nikam, APP for the Respondent/State.

P.C.:

1. Rule.

2. Rule made returnable forthwith. With consent of the learned counsel for both the parties, petition is taken up for final hearing immediately.

3. Prosecution case in brief, is that the present petitioner, who is accused no.11 was driver of Sumo Jeep bearing no.MH-14-G-5375 belonging to his brother. That Sumo jeep was hired by the accused nos. 1 to 7 from Pune and the present petitioner was driving the said Sumo jeep. The said Sumo jeep chased the truck bearing no.TN-34-B-9131 from Hupri Kolhapur on Satara Pune Road and obstructed the said truck by stopping the Sumo jeep in front of the said truck near village Varve and forced the truck driver to stop it. After that the accused nos. 1 to 7 threatened and beat the driver of the said truck. After that the truck was driven towards the road of Varve village and the door of the container of the said truck was broken open by the accused nos.1 to 7 with the help of accused nos.9 and 10, who were cleaner and driver of the said truck. After breaking open the door of the container, silver ornaments weighing 30 kg. 89 gms. and other articles weighing 13 kg., worth Rs.1,51,000/- were robbed. Stolen







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