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2016 Supreme(Bom) 740

A.I.S.CHEEMA
Prabhu – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Appellants : Shri S.S. Choudhari
For the Respondent: Shri K.D. Mundhe, Shri B.S. Kudale

JUDGMENT :

1. The Appellants, father and son have been convicted for offence punishable under Section 307, 341, 323, 504, 506 read with 34 of the Indian Penal Code, 1860 ("IPC" in brief). For offence under Section 307 of IPC, they have been sentenced to suffer rigorous imprisonment for five years and fine of Rs.500/- each and in default to suffer further rigorous imprisonment for three months. For the other Sections, different lesser sentences of imprisonment and fine have been passed. Sentence of imprisonment for the various Sections are to run concurrently. The Judgment of conviction and sentence was passed by IIIrd Adhoc Additional Sessions Judge, Beed on 8th May 2003 in Sessions Case No. 24 of 2002.

2. The case of prosecution, in short, is as follows:

(A) On 1st March 2001 complainant Nathoba Bade (PW1) along with Vishnu Bade (PW11) were admitted in the Civil Hospital, Beed. Police Official Sukhdeo Landge (PW13) attached to the Police Outpost, received M.L.C. letter and he met the medical officer. The medical officer examined PW11 Vishnu but he was unconscious and as PW1 Nathoba was in conscious condition, PW13 Sukhdeo Landge recorded statement of PW1 Nathoba. PW1 Nathoba informed































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