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2007 Supreme(Bom) 1671

R.M.S.KHANDEPARKAR, A.A.SAYED
Baliram Madhukar Dalvi – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared
Kum. Rebeca Gonsalves, advocate appointed for appellant
Smt. U. V. Kejariwal, APP for the for Respondent

JUDGMENT

Per Sri R.M.S. KHANDEPARKAR, J.

. This is an appeal filed from jail by a person who was made to face the trial without assistance of any lawyer or any sort of legal aid before the Sessions Court, in spite of full knowledge about the same to the concerned presiding officer of the Sessions Court as well as the learned prosecutor before the Sessions Court. The appellant has been convicted under Section 302 of I.P.C. and has been sentenced to undergo imprisonment for life and to pay fine of Rs. 2,000/-, in default to suffer rigorous imprisonment for six months.

2. The appellant was sought to be charged under Section 302, 323, 120-B read with section 34 of I.P.C., on the ground that he along with three others on 10th February 1997 at about 5 p.m. within the limits of village Mhasewadi, taluka Manegaon, district Raigad, in furtherence of common intention committed murder by intentionally or knowingly causing death of one Shankar Babu Shelar and voluntarily causing hurt to Chandana Chandrakant Shelar. The charge in that regard was framed by Shri S.D. Mohod, then Sessions Judge at Raigad-Alibag in Sessions Case No. 96 of 1997 on 14th February 1998. The



















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