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2019 Supreme(Bom) 289

A.S.OKA, A.S.GADKARI
VISHAL ASHOK NARAYANE @ SAMIR SHAIKH – Appellant
Versus
STATE OF MAHARASHTRA – Respondent


Advocates:
Advocate Appeared:
Payoshi Roy, Adv., Yug Mohit Chaudhary, Adv., J.P. Yagnik, Adv.

JUDGMENT :

A.S. GADKARI, J.

1. The appellants have questioned the correctness of the imupgned Judgment and Order dated 29th November 2013 passed by the learned Ad-hoc Additional Sessions Judge, Greater Mumbai in Sessions Case No.758/2008 @ 272/2009 convicting the appellants under sections 302, 34 and 120(b) of Indian Penal Code (for short "IPC") and sentencing them to suffer imprisonment for life.

By the same judgment and order, the appellant No.1 is further convicted under sections 420, 465, 471 and 328 of IPC and is sentenced to suffer maximum rigorous imprisonment of 7 years. The appellant No.2- Shabana Shaikh is also convicted for the offence punishable under section 201 of IPC and sentenced to suffer rigorous imprisonment of 5 years.

The trial Court has directed that all the substantive sentences shall run concurrently.

2. Heard the learned counsel for the appellants and the learned APP. Perused the entire record.

3. The prosecution case, in brief, is as under:

(i) Mr.Ajay Janardan Sindkar (PW1), API, in the year 2008 was attached to Pant Nagar Police Station, Mumbai. On 22nd August 2008, he joined his routine duty as Detection Officer. On 23rd August 2008 at abut 12.10 a.m. in the m





















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