P.V.HARDAS, G.S.KULKARNI
Motasim Mohd. Khalid Gade – Appellant
Versus
State of Maharashtra – Respondent
P.V. Hardas, J.
1. The appellants, who stand convicted for offence punishable under Sections 302 and 201read with Section 34 and under Section 397 of the Indian Penal Code and sentenced to imprisonment for life, RI for two years and RI for seven years, with a direction that the substantive sentences shall run concurrently, by the Additional Sessions Judge, Ratnagiri, by judgment dated 31/07/2009, in Sessions Case No. 33 of 2007, by this appeal challenge their conviction and sentence. Facts, as are necessary for the decision of this appeal, may be stated thus:--
"PW 19 - Police Head Constable Prakash Yadav, who, on 31/5/2007, was attached to the Lanja Police Station and was on duty, received a telephone call at about 8 p.m. from PW 6 - Umar Malim informing PW 19 - Police Head Constable Yadav that a person was noticed lying on the road and two other persons had been detained. PW 19 - Police Head Constable Yadav made an entry in the station diary and deputed police officials to verify the information. At about 9.30 p.m. Hawaldar Garate telephoned and informed PW 19 - Police Head Constable Yadav that there was some foul play as far as the person who was noticed lying on the road.
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