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2014 Supreme(Bom) 2238

P.V.HARDAS, G.S.KULKARNI
Milind Ramchandra Gharat – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Shrish Gupte, Sr. Counsel i/b Nitin Sejpal and Pooja Sejpal/Bhojne
For the Respondents: H.J. Dedhia, APP

JUDGMENT

P.V. Hardas, J.

1. The Appellant who stands convicted for the offence punishable under sections 302, 452and 354 of the Indian Penal Code and sentenced to undergo imprisonment for life and to pay fine of Rs.25,000/- in default of which to undergo R.I. for 3 years and to pay a fine of Rs.2000/-in default of which further R.I. for 3 months and R.I. for 6 months and to pay fine of Rs.500/- in default to undergo further S.I. for 15 days respectively, by the Sessions Judge, Raigad- Alibag by Judgment dated 3rd March 2014 by this appeal questions the correctness of his conviction and sentence.

Facts as are necessary for decision of this appeal may be stated thus :

2. PW 13 - API Suresh Warankar who on 16th May 2007 was attached to Panvel city police station and was on duty received a telephone call from Gandhi Hospital at 10.45 a.m. He was informed about admission of injured Pratibha and the appellant in hospital with injuries. He accordingly proceeded to the hospital for recording the dying declaration. On reaching hospital, he contacted Resident Medical Officer and requested him to ascertain if the injured were in a fit condition to give their statements. The Medical Officer on exa











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