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2013 Supreme(Bom) 1463

M.T.JOSHI
Appasaheb @ Nandu s/o. Babanrao Yeole – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
Mr. N.S. GHANEKAR, Adv. for the Appellants in Cr. Appeal No. 522/2012.
Mr. T.S. LODHE, A.P.P. for Respondent/State in both Cr. Appeals.
Mr. R.N. DHORDE, Sr. Counsel i/b. Mr. V.S. KADAM, Adv. for the Appellants in Cr. Appeal No. 73/2013.

JUDGMENT:-

All the ten appellants in present two appeals were charged of the commission of offences punishable under sections 143, 147, 148, 302 read with 149, 307 read with 149, 324 read with 149, 323 read with 149 and 504 read with 149 of the Indian Penal Code. Additionally, appellant No. 1 - Appasaheb in Criminal Appeal No.522 of 2012 i.e. original accused No. 1 was charged of the offence punishable under section 504 of Indian Penal Code; section 3 read with section 25 (1-B)(a) of the Arms Act, while appellant No. 1 in Criminal Appeal No.73 of 2012 i.e. original accused No.5 was charged of commission of offence punishable under section 4 read with section 25 (1-B) (a) of the Arms Act.

2. Learned Sessions Judge, however, convicted all appellant accused for the offences punishable under section 304 Part I read with section 149 of the Indian Penal Code. They were, however, sentenced differently by categorizing them in 3 categories.

3. Appellant Nos. 1 to 3 in Criminal Appeal No. 522 of 2012 (Original accused No. 1 to 3) were sentenced to suffer rigorous imprisonment for 10 years and to pay fine of Rs.3000/-, in default they were directed to suffer further simple imprisonment for six m










































































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