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2014 Supreme(Bom) 1980

P.V.HARDAS, ANUJA PRABHUDESSAI
Shamrao Bhimrao Mhaske – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff:Arfan Sait, Advocate.
For Respondents/Defendant: H.J. Dedhia, A.P.P.

JUDGMENT

P.V. Hardas, J.

1. The Appellants/Original Accused Nos. 1 and 2, who stand convicted for an offence punishable under Section 302 read with Section 34 and Section 363 read with Section 34 of the Indian Penal Code and sentenced to imprisonment for life and to each accused to pay a fine of Rs. 5000/- in default of which to undergo further SI for six months and RI for three years and each accused to pay a fine of Rs. 5000/- in default of which to undergo further SI for six months, with a direction that the Appellants would be entitled for set off and that the substantive sentences shall run concurrently, by the Additional Sessions Judge, Karad, by judgment dated 27.03.2008, in Sessions Case No. 48 of 2005, by this Appeal question the correctness of their conviction and sentence. Facts, as are necessary for the decision of this appeal, may briefly be stated thus:-

PW-21 ASI Jagannath Bhakare, who on 8.4.2005, was attached to the Karad City Police Station and was on duty, recorded the report of PW-13 Vikas Mhaske regarding missing of Naresh, a 8 year old boy. The said missing report is at Exhibit 97. The investigation of the said missing report was then entrusted to PW-22 ASI Dilip


































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