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2014 Supreme(Bom) 2015

P.V.HARDAS, G.S.KULKARNI
Naresh Magan Patel – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared
For Appellant/Petitioner/Plaintiff: Yug Mohit Chaudhary and Anjali Patil, Advs.
For Respondents/Defendant: H.J. Dedhia, APP

JUDGMENT

P.V. Hardas, J.

1. The Appellants/Original Accused Nos. 1 to 7, who stand convicted for offence punishable under Sections 302 read with 149, 324 read with 149of the Indian Penal Code and sentenced to imprisonment for life and each accused to pay a fine of Rs. 1000/-, in default of which to undergo further RI for one month and RI for one month and each accused to pay a fine of Rs. 100/-, in default of which to undergo further RI for seven days, by the Additional Sessions Judge, Greater Bombay, by judgment dated 12.07.2005, in Sessions Case No. 433 of 2004, by these appeals question the correctness of their conviction and sentence. Criminal Appeal No. 819 of 2005 has been filed by Original Accused Nos. 1, 2 and 5, Criminal Appeal No. 694 of 2005 has been filed by Original Accused Nos. 3 and 4 and Criminal Appeal No. 715 of 2005 has been filed by Original Accused Nos. 6 and 7. Since all these appeals arise from the same judgment of the trial court, these appeals are being decided by this common judgment. Facts in brief, as are necessary for the decision of this appeal, may be stated thus:-

PW-22 PSI Sandipan Pawar, who on 4.4.2004 was attached to the Malad Police Station and was





















































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