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2019 Supreme(Bom) 1256

T.V.NALAWADE, K.K.SONAWANE
Nazimoddin Mohammaddin alias Nasiroddin – Appellant
Versus
State of Maharashtra through the Police Station, Bhagyanagar, Nanded – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. R.S. Deshmukh, Advocate
For the Respondent: Mr. D.R. Kale, APP

JUDGMENT :

K.K. SONAWANE, J.

1. The instant appeal calls in question the impugned judgment and order rendered by learned Sessions Judge, Nanded in Sessions Case No. 163 of 2011 dated 21-07-2016, thereby convicting the appellant-accused for the offence punishable under sections 302, 323 of the Indian Penal Code (for short “IPC”) and he was sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs. 1000/- in default to suffer rigorous imprisonment for one month. He was also sentenced to suffer rigorous imprisonment for six months for the offence punishable under section 323 of the IPC. Both the sentences was ordered to run concurrently. The appellant -convict, taking recourse of remedy under section 374 of the Code of Criminal Procedure (for short “Cr.P.C.”) preferred the present appeal to redress his grievances.

2. The prosecution case sans unnecessary details in nutshell is that the ill-fated victim - Shankarsinh s/o Daulatsinh Kachwa, age 35 years old was the brother of first informant Mohansinh S/o Daulatsinh resident of Nanded. Both the brothers were eking livelihood by doing business to ply the passenger bus Tata make bearing registration No. MH-25-B-186, daily fr

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