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2013 Supreme(Bom) 2636

P.V.HARDAS, P.N.DESHMUKH
Marling Barnappa Saibanna – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
Mr. S.R. PASBOLA a/w Mr. RAHULAROTE, Adv. for appellant No. 1, 3 and 4 in Cri. A. No. 1164/2005 and for appellant in Cri. A. No. 1168/2005.
Mr. AMIN SOLKAR for appellant no. 2 in Cri. A. No. 1164/2005.
Mrs. V.V. THORAT for appellant in Cri. A. 78/2013.
Mr. S.V. MARWADI, Adv. for appellant in Cri. A. No. 111/2013.
Mrs. U.V. KEJARIWAL, APP for State in all the appeals.

Judgment

P.V. Hardas, J.

The appellants, Original Accused Nos. 1, 2, 4, 5, 6, 7 and 8, who stands convicted for offence punishable under Section 302 read with Section 120-B and sentenced to imprisonment for life with no separate sentence being awarded for offence punishable under Section 120-B of the IPC and accused nos. 4 and 4, who, in addition, stand convicted for offence punishable under Section 427 read with Section 34 of the IPC and sentenced to each pay fine of Rs. 5000/- in default to undergo RI for one year, by the 1st Adhoc Additional Sessions Judge, Sewree, Bombay, by judgment dated 17/11/2005, in Sessions Case No. 223 of 2003, by these appeals question the correctness of their conviction and sentence.

2. Facts in brief as are necessary for the decision of these appeals may briefly be stated thus:-

PW 17 - API Bhagwat Karande, who, on 11/11/2002 was attached to the Versova Police Station registered an offence on the basis of the report of PSI Haribhau Marathe at Exh.23. On the basis of the said complaint, he registered an offence against unknown persons under Section 302 of the IPC and under Sections 3/25 and 27 of the Indian Arms Act. Upon registration of the offence, the s




























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