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2016 Supreme(Bom) 1745

B.P.DHARMADHIKARI, A.S.CHANDURKAR
Mohan @ Bapu s/o Khushal Pendam – Appellant
Versus
State of Maharashtra through Police Station Officer – Respondent


Advocates Appeared:
For the Appellants : Shri A.D. Hazare
For the Respondent: Shri V.A. Thakare

JUDGMENT :

B.P. Dharmadhikari, J.

1. Son Mohan @ Bapu and his father Khushal challenge their conviction by the Additional Sessions Judge, Chandrapur in Sessions Case No. 85 of 2013. They are found guilty under Section 302 read with Section 34 of Indian Penal Code of committing murder of Ankush s/o Ramdas Suryawanshi. They are also held guilty u/s 307 r/w S. 34 IPC of attempting murder of Heena w/o Ankush Suryawanshi. Appellant No. 1 – i.e. Accused No. 1 Mohan is also convicted under S. 324 of IPC for voluntarily causing hurt to Sidharth Hiraman Suryawanshi. Khushal is acquitted of this charge u/s 324 of IPC. Both the accused/appellants are also exonerated of the charge of causing voluntarily hurt to Anirudha Ramdas Suryawanshi by dangerous weapon or means. Mohan allegedly assaulted on head of Anirudha with stick and due to said injury, prosecution claims that Anirudha was lying near gate of Suresh Shende. But then Mohan is acquitted of this charge and no injury to Anirudha is proved or stick is also not recovered.

2. We have heard Shri Hazare, learned counsel for the accused and Shri V.A. Thakare, learned APP for the State. In view of large number of witnesses as also victims/injured


































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