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2015 Supreme(Bom) 2602

P.V.HARDAS, SHALINI PHANSALKAR-JOSHI
Salim Gulab Khan – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Appellants :Mr. M.K. Kochrekar a/w. Mr. Prashant Pandey Advocates, Mr. S.A. Shaikh a/w. Mr. K. Hasanuddin Advocate.
For the Respondents: Mrs. U.V. Kejriwal, A.P.P.

JUDGMENT :

Shalini Phansalkar-Joshi, J.

The Appellants herein, who are the Original Accused, convicted for the offence punishable under Section 302 Read with 34 of the Indian Penal Code and sentenced to suffer R.I. for life and to pay fine of Rs.1,000/- each, in default to suffer R.I. for three months, by the Judgment dated 8th February, 2012 in Sessions Case No.13 of 2011 by the Additional Sessions Judge, Dindoshi, Mumbai, by these Appeals challenge their conviction and sentence.

2. As all these three Appeals are arising out of one and same Judgment of the Trial Court, they are decided by this common Judgment. For the sake of convenience, the Appellants are referred to by their original nomenclature as "Accused Nos.1, 2 and 3".

3. Facts, as are necessary, for the decision of these Appeals may briefly be stated thus :

On 13th June, 2010, at about 7 p.m., when PW-9 API Mahendra Sawant was on duty as SHO at Kandivali Police Station along with PW-11 PI Laxman Chavan, he received the phone call from Bhagwati Hospital informing him that two injured persons were brought to the hospital and on arrival, they were declared as dead. On the receipt of this information, PW-9 API Sawant and PW-11 PI

















































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