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2015 Supreme(Bom) 2347

S.V.GANGAPURWALA, V.K.JADHAV
Subhash – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
Shri Joydeep Chatterji, for Appellants
Shri A.G. Magare, A.P.P. for the Respondent/State

JUDGMENT :

S.V. Gangapurwala, J.

The present appellants/accused Nos. 1 and 2 are prosecuted for the offences punishable U/Sec. 302 and 504 read with Sec. 34 of the Indian Penal Code (for short “I. P. Code”).

The accused No. 1/Subhash Chavan is convicted for the offence punishable U/Sec. 302 of the I.P. Code and is sentenced to suffer rigorous imprisonment for life. The accused No. 1 is also convicted for the offence punishable U/Sec. 504 of the I.P. Code and is sentenced to suffer rigorous imprisonment for six months and to pay fine of Rs. 5,000/-.

The accused No. 2/Pappu Chavan is acquitted for an offence punishable U/Sec. 302 of the I.P. Code, but is convicted for an offence punishable U/Sec. 504 of the I.P. Code and sentenced to suffer rigorous imprisonment for six months and to pay fine of Rs. 5,000/- and in default of payment of fine to suffer three months rigorous imprisonment.

2. As per the prosecution case, on or about 28th December, 2009 at 06.00 a.m. the deceased Sau. Sunita Sanjay Chavan had been to fetch water by means of Pohara (bucket) from well. The accused persons were nearby the well. They tried to snatch the bucket and rope from the deceased. The same was resisted by t






















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