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2019 Supreme(Bom) 1105

B.P.DHARMADHIKARI, SWAPNA JOSHI
State of Maharashtra – Appellant
Versus
Imtiyaz Ahmad s/o Mohd. Sadik Ali Shaikh – Respondent


Advocates Appeared:
Mr. J. P. Yagnik, APP., Mr. Ravi Dwivedi, Ms. Saima Ansari i/by Mr.Fakruddin Khan

JUDGMENT :

B.P. dharmadhikari, J.

The Additional Sessions Judge, Greater Mumbai has by judgment and order dated 23/05/2018 convicted accused no. 1 Imtiyaz and accused no. 2 Azad for the offence punishable under sections 302, 363, 364-A, 201 read with 34 IPC and sentenced accused no.1 to death and accused no.2 Azad to life imprisonment and fine of Rs.25,000/-, in default of fine he has to suffer RI for one year. For the offence punishable under section 364A, both the accused persons are sentenced to suffer life imprisonment for rest of their life and fine of Rs.25000/- each in default of fine, they have to undergo RI for one year.

2. Sessions Court has not sentenced both the accused persons for other minor offences i.e. under section 363 and 201 IPC. Original accused no. 3 is found to be child in conflict with law and hence, the case against him is forwarded to Juvenile Justice Board. Accused no. 4 and 5 i.e. Israr and Arsil are acquitted of the offences punishable under sections 302, 363, 364-A, 201 read with 120B IPC.

3. Both accused no.1 Imtiyaz & accused no.2 Azad have filed separate appeals challenging their conviction. Accused no. 1 Imtiyaz has filed two more applications vide Cri

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