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2017 Supreme(Bom) 327

A.M.BADAR
RAJESH SWARUPCHAND KANKARIA – Appellant
Versus
STATE OF MAHARASHTRA – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr.Vikas Balasaheb Shivarkar, Advocate
For the Respondent: Mr.Vinod Chate, APP

JUDGMENT :

1. By this revision petition, revision petitioners/original accused nos.1 to 3 are challenging the judgment and order dated 17th February 2017 passed by the learned Additional Sessions Judge, Pune, in Criminal Appeal bearing no.71 of 2011 filed by them, so also the judgment and order passed by the learned JMFC, Vadgaon Maval, Pune, on 29th January 2011 in Summary Criminal Case No.575 of 2006.

2. For the sake of convenience, it is apposite to reproduce operative portion of the judgment and order dated 29th January 2011 passed by the learned JMFC, Vadgaon Maval, District Pune. It reads thus :

“ORDER

(1) Accused Nos.1 to 3 viz. Rajesh Swarupchand Kankaria and Swarupchand Rupchand Kankaria, are hereby convicted U/sec.248(2) of Cr.P.C. of the offences punishable U/sec.354 r.w.34 of Indian Penal Code.

(2) Both are sentenced to suffer 2 months rigorous imprisonment and fine of Rs.10,000/each. In default of payment of fine, accused shall undergo the rigorous imprisonment of 8 months.

(3) Accused No.2 Dinesh Kankaria is hereby convicted U/sec.248(2) of Cr.P.C. of the offence punishable U/sec.323 r.w.34 of Indian Penal Code.

(4) He is sentenced to suffer 2 months simple imprisonment and
































































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