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2014 Supreme(Bom) 2410

B.R.GAVAI, V.M.DESHPANDE
Manoj – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For Appellant:C.R. Thakur, Advocate.
For Respondent: R.S. Nayak, A.P.P.

JUDGMENT :

B.R. GAVAI, J.

1. Present appeals take exception to the judgment and order passed by the learned Ad-hoc Additional Sessions Judge-3, Nagpur in Sessions Trial No. 555 of 2011 thereby convicting the appellants for the offence punishable under Section 302 of the Indian Penal Code and sentencing them to suffer imprisonment for life and to pay fine of Rs. 5,000/- each and in default of payment of fine, to further suffer rigorous imprisonment for six months for offence punishable under Section 307 of the Indian Penal Code and sentencing them to suffer imprisonment for life and to pay fine of Rs. 2000/- each and in default of payment of fine, to further suffer rigorous imprisonment for six months and also convicting them for the offence punishable under Section 452 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for five years and to pay fine of Rs. 500/- each and in default of payment of fine to suffer rigorous imprisonment for three months. The prosecution story as could be gathered from the material placed on record is thus:-

That on the day of the incident PW-1 Prakash, the first informant, had come to the house of the deceased Rahul for dinner. H












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