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2019 Supreme(Bom) 1390

R.B.DEO
Rajnish Purushottam Pogade – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Anil Mardikar, Senior Counsel assisted by Rishabh Khemuka
For the Respondents: T.A. Mirza, Additional Public Prosecutor

JUDGMENT :

R.B. Deo, J.

1. These appeals assail the judgment dated 19.11.2018 rendered by the Sessions Judge, Bhandara in Sessions Trial 33 of 2015, by and under which, the accused are convicted for offence punishable under section 394 and 397 of the Indian Penal Code (IPC) and are sentenced to rigorous imprisonment for seven years on each count and to payment of fine of Rs. 5,000/- and in default to suffer rigorous imprisonment for three months. Criminal Appeal 786 of 2018 is preferred by accused 1 - Rajnish Pogade and accused 3 - Monu Bokade and Criminal Appeal 787 of 2018 is preferred by accused 2 - Govind Sorte.

2. The prosecution case:

    (i) The incident occurred on 11.4.2015. The driver of Bolero-pickup vehicle one Naresh Shende - who is the informant and conductor Paras kamble were proceeding from Lakhani to Bilaspur at 7.45 p.m. or thereabout. The vehicle was forced to stop at Sakoli bus stand by three persons riding on a green motorcycle. One person approached the informant and dragged him out of the Bolero vehicle and other person checked the pockets of the informant to which the informant objected. The person who dragged the informant out of the Bolero then whipped out a knife

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