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2009 Supreme(Bom) 1634

J.H.BHATIA
Rajendra @ Raju Netrapal Walmiki Convict Prisoner No. C/11309 Yerwada Central Prison – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellants:Arfan A. Sait, Advocate.
For the Respondent: Smt. R.V. Newton, APP.

Judgment :

Oral Judgment:

1. All these three appeals arise out of the judgment in Sessions Case No.965/97 passed by the learned Additional Sessions Judge, Bombay. Said appeals are filed by the original accused nos.1,3 and 4 respectively against the sentences awarded to them.

2. Present appellants, i.e., the accused nos.1,3 and 4 and the accused no.2, were convicted of the offences punishable under Sections 120-B and were sentenced to undergo R.I. for ten years and to pay fine of Rs. 1,000/- each. Accused Nos.1 and 2 were convicted for the offences punishable under Sections 450, 397 and 398 of the I.P.C. and under Sections 37(1-b) read with Section 135 of the Bombay Police Act and awarded sentence of imprisonment for varying periods. Accused no.2 was also convicted and sentenced for the offences punishable under Section 394 and 307 of the I.P.C. Accused no.2 had preferred an appeal which was dismissed long back. Therefore, now we are concerned with these 3 appeals filed by the accused nos.1,3 and 4 only.

3. Prosecution case in brief is that P.W.1 Mrs. Beryl , her husband P.W.2 David and their daughter P.W.3 Dr. Naomi used to reside in flat no.1, ground floor at Jackson House, BPT Co




















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