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2016 Supreme(Bom) 733

A.I.S.CHEEMA
Manoj Nivruttirao Chavan – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Appellant : Shri P.R. Katneshwarkar
For the Respondent: Shri K.S. Patil

JUDGMENT :

1. The Criminal Appeal No. 250/2003 arises out of Misc. Criminal Application No. 179/2002 and Criminal Appeal No.251/2003 arises out of Misc. Criminal Application No. 178/2002, against judgment of conviction and sentence under Section 193 of the Indian Penal Code, 1860, passed by Additional Sessions Judge, Nanded on 24.3.2003. These are impugned judgments in these Appeals. The appellants in these two appeals were witnesses in Sessions Case No. 90/1996. Appellant Manoj Chavan was examined in the said Sessions Case as P.W.4 and the appellant Dr. Gokul Agrawal came to be examined as P.W.3. The Additional Sessions Judge, Nanded, before whom the Sessions Case was conducted, acquitted all the accused in that matter as it found that it was a case of "No Evidence". In the said Sessions Case, it appears that, almost all the witnesses turned hostile including those who were examined relating the actual incident. It appears that, the incident had occurred on 9.2.1996. One Rajkumar was working on Dhaba of one Madhav. The prosecution case was that, the accused persons as arrayed in the Sessions Case had reached the Dhaba in a TATA Sumo vehicle and in an altercation, due to obstruction

















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