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2013 Supreme(Bom) 2318

T.V.NALAWADE
Noora – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Appellants:H.D. Deshmukh, Rajendra N. Chavan h/f. Vijay Sharma, Shaikh Ashpak Taher Patel (Appointed), Advocates.
For the Respondent: Mrs. V.A. Shinde, APP.

Judgment :

1. All the appeals are filed against the judgment and order of Sessions Case No. 96/2011, which was pending in the Court of Additional Sessions Judge, Ahmednagar. From the case, accused Nos. 2, 3, 5 and 7 are convicted and sentenced for offences punishable under sections 396, 457 and 380 of Indian Penal Code. The maximum substantive sentence of ten years is given, which is for the offence punishable under section 396 of I.P.C. and for offence under each section the fine of Rs. 5,000/- is imposed on each of the accused. Navnath (accused No. 2) has filed Criminal Appeal No. 375/2013, Gorakh (accused No. 3) has filed Criminal Appeal No. 592/2012 and Noora (accused No. 5) has filed Criminal Appeal No. 580/2012. Accused No. 7 has not filed any appeal. Both the sides are heard.

2. In short, the facts leading to the institution of the appeal can be stated as follows:-

The incident took place on the night between 27.11.2010 and 28.11.2010 in the locality known as Langore Galli, Karjat, District Ahmednagar. The houses of deceased Ashok Langore, Satish Jadhav, Vilas Mahajan and Anaspure are situated in that locality and these houses were broken on that night and the offence of dac






































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