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2014 Supreme(Bom) 1675

A.I.S.CHEEMA
Suryakant – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Appellants:M.R. Puranik Advocate h/f. M.M. Joshi Advocates.
For the Respondents: R1, P.P. More, A.P.P. R2, Served.

JUDGMENT

A.I.S. Cheema, J.

1. Appellant No.1 Suryanakt Chandrakant Gade and Appellant No.2 Shashikant Chandrakant Gade (original Accused Nos.1 and 2 respectively, hereafter referred as accused No.1 and accused No.2) were prosecuted before the Additional Sessions Judge, Kopargaon in Sessions Case No. 118 of 1993 for offence punishable under Section 307, 326 read with 34 of the Indian Penal Code, 1860 (IPC in brief). They have been convicted for offence under Section 307 and 325, both read with Section 34 of IPC. For offence under Section 307 of IPC each of them has been sentenced to suffer rigorous imprisonment for four years and fine of Rs. 5000/ in default to suffer simple imprisonment for one year, and for offence under Section 325 of IPC each of them has been sentenced to suffer rigorous imprisonment for one year and fine of Rs. 2000/ in default to suffer simple imprisonment for four months. The Substantive sentences are to run concurrently. The trial Court directed the amount deposited by the accused to be paid as compensation to the victim Rajendra Laxman Gade. Thus, this Appeal.

2. The case of prosecution in short, is as under:-

(A) On 17th March, 1992 complainant Kankarbhai






































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