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2016 Supreme(Bom) 1310

B.P.DHARMADHIKARI, A.S.CHANDURKAR
Mohd. Hanif s/o Mohd. Habib – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Appellant :Mr. A.V. Gupta, Senior Advocate with Shri R.K. Tiwari, Advocate, Mr. R.J. Mirza, Advocate, Mohd. Ajaz @ Ajju Assisting Prosecution
For the Respondent: Mr. M.J. Khan, A.P.P.

JUDGMENT :

B.P. Dharmadhikari, J.

These two appeals under Section 374[2] of the Criminal Procedure Code arise out of common judgment dated 30.03.2016, delivered in Sessions Trial Nos. 144/2012 and 233/2014. Accused persons are found guilty of committing various offences like under Section 143, 144, 147, 148 and Section 324 read with Section 149, Section 302 read with Section 149 of Indian Penal Code. The maximum imprisonment imposed is for offence punishable under Section 302 read with Section 149 of Indian Penal Code, and they are sentenced to imprisonment for life and fine of Rs.10,000/- each. Looking to the challenge as posed, it is not necessary to mention other punishments which are imposed upon them by the impugned judgment.

2. Basically arguments have been advanced in Criminal Appeal No. 139/2016, where the original accused no.5 Mohd Hanif and accused no.6 Mohd. Azam are the appellants. These arguments are urged to be sufficient to vitiate the common judgment and therefore, valid for even allowing appeal No. 189/2016 filed by the original accused nos. 1 to 4. According to learned senior advocate in view of fundamental error in trial, the remand and a fresh judgment in both the










































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