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2013 Supreme(Bom) 2398

A.B.CHAUDHARI, Z.A.HAQ
Nirbhaysingh s/o. Shamsingh Madkam – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Appellants:C.R. Thakur, R.M. Daga, Abhay Sambre, Advocates.
For the Respondent: T.A. Mirza, APP.

Judgment :

Z.A. Haq, J.

1. Heard Shri C.R.Thakur, Shri R.M.Daga and Shri Abhay Sambre, learned Advocates for the appellants/accused and Shri T. A. Mirza, learned APP for the respondent/State.

2. These appeals arise out of the judgment passed by the learned Ad-Hoc Additional Sessions Judge - 3, Chandrapur in Sessions Case No.22 of 2004 on 27th of February, 2007.

Sessions Case No.22 of 2004 was filed against Twenty Five accused but the sessions trial is conducted against sixteen accused and the remaining nine accused were absconding and therefore, the trial was separated. By the impugned judgment, the learned Sessions Judge has convicted accused No.1 Mira @ Rekha Pawar, accused No.2 -Lakhesingh Dhurve, accused No.3 -Mathawarabai Kumare, accused No.4 - Bijali Dhurve and accused No.12 - Harimishan Madkam for the offence punishable under Section 412 of the Indian Penal Code and sentenced them to suffer rigorous imprisonment for five years each and to pay a fine of Rs.5000/- each and in default of payment of fine to undergo simple imprisonment for six months.

The learned Sessions Judge has convicted accused No.6 -Nirbhaysingh Madkam, accused No.7 -Natwarlal Dhurve, accused No.8 - Ramu















































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