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2008 Supreme(Bom) 116

NARESH H.PATIL, P.R.BORKAR
Khalilkhan Bismillakhan – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared
Mrs. S.S. Jadhav, advocate with Shri S.S. Jadhavar, advocate for the appellants
Mr. S.D. Kaldate, A.P.P. for the respondent

Judgment

1. This appeal is filed by two accused who are convicted and sentenced for different offences by the learned 3rd Additional Sessions Judge, Ahmednagar in Sessions Case No. 7 of 1988 on 15.4.1988. Appellant no. 1-Khalilkhan Bismillakhan is convicted of offences punishable under Sections 302, 324, 201 of the Indian Penal Code and sentenced to suffer imprisonment for life, rigorous imprisonment for 3 years and rigorous imprisonment for 2 years respectively for the said offences. Appellant no.2-Mohommad Kayamuddin is convicted of offences punishable under Sections 326 r/w 34 and under Sections 324 r/w 34 of the Indian Penal Code and sentenced under Sections 326 r/w 34 of the Indian Penal to suffer rigorous imprisonment for 3 and 1/2 years and to pay a fine of Rs. 500/-, in default to suffer rigorous imprisonment for one month and for offence under Sections 324 r/w 34 of the Indian Penal Code to suffer rigorous imprisonment for 2 years.

Substantive sentences were directed to run concurrently. The appellants were acquitted of offence punishable under Sections 307 r/w 34 of the Indian Penal Code. The appellant no.2 was acquitted of offence punishable under Sections 302 r/w 34 of th







































































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