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2014 Supreme(Bom) 318

B.R.GAVAI, A.S.CHANDURKAR
State of Maharashtra – Appellant
Versus
Sachin S/o. Mukinda Manerao – Respondent


Advocates:
Advocate Appeared
Mr. S.S. DOIFODE, Addl. Public Prosecutor for the appellant in Cri. Appeal No.317 of 2010 and for respondent in Cri. Appeal Nos.257 of 2010 and 291 of 2013.
Mr. H.M. BOBDE, Advocate for respondent no.1 in Cri. Appeal no.317 of 2010 and for appellants in Cri. Appeal no.291 of 2013.
Mr. C.R. THAKUR, Advocate for respondent nos.2 to 4 in Cri. Appeal no.317 of 2010 and for appellants in Cri. appeal no.257 of 2010.

JUDGMENT

B.R. GAVAI, J. :- These three appeals arise out of common judgment and order dated 23rd of February, 2009, passed by the learned Special Court, Nagpur in Special Case No.3 of 2005.

2. The original four accused came to be tried for the offences punishable under Sections 341, 342, 323, 506 Part II, 376(2)(g) r/w 34 of the Indian Penal Code, Section 4 read with 25 of the Arms Act, under Section 135 of the Bombay Police Act and under Sections 3(1) (ii) and 3(4) of the Maharashtra Control Organized Crime Act, 1999 (for the sake of brevity, hereinafter referred to as 'MCOC Act'). The learned Special Judge has convicted accused nos.1 Sachin Mukinda Manerao, accused no.2 Vinod @ Ballya Kalbande and accused no.4 Satish @ Kadiballya Dhoke for the offences punishable under Sections 376(2)(g), 341, 342, 323, 506 Part II read with Section 34 of the Indian Penal Code. They were sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs.1000/- and in default of payment of fine to suffer rigorous imprisonment for one year for the offence punishable under Section 376(2)(g) r/w Section 34 of the Indian Penal Code, simple imprisonment for one month for the offence punishable un

























































































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