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2017 Supreme(Bom) 1510

VASANTI A.NAIK, M.G.GIRATKAR
Abdul Ahad – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Appellants :Anup Choudhari, June Choudhari, Sr. Counsels, N.R. Saboo, Sagar Kanatkar, Advocates.
For the Respondents: S.S. Doifode, A.P.P.

JUDGMENT :

Vasanti A Naik, J.

1. The appellants have challenged the impugned Judgment of conviction dt.19.7.2005 in Sessions Trial No.228 of 2002, by which the appellant nos.1 to 3 are convicted for the offence punishable under Section 302 r/w. 34 of the Indian Penal Code and sentenced to suffer imprisonment for life and to pay a fine of Rs.100/- each, in default to suffer further rigorous imprisonment for six months.

2. The case of the prosecution/complainant, in short, is as under :

On 22.6.2002, Complainant Bhikulal Babulal Jasekar went to fetch water on the public tap near his house. Accused no.1 Abdul Ahad also came there to fetch water. He pushed the pot of complainant and started fetching water. There was a quarrel between Bhikulal and Abdul Ahad. Accused no.1 Abdul Ahad called accused nos. 2 and 3. Accused nos. 1 to 3 started beating Bhikulal. Daughter of Bhikulal namely Gunja rushed to the house and informed to the family members. Brothers of Bhikulal namely Karan and Ramu rushed to the spot. There was a scuffle/beating on the spot. Accused nos. 1 to 3 called other family members with weapons. Accused no.3 gave a blow of axe on the shoulder of Karan. Karan was frightened and r


















































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