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2020 Supreme(Bom) 332

T.V.NALAWADE, M.G.SEWLIKAR
State of Maharashtra through Public Prosecutor, High Court, Bench at Aurangabad – Appellant
Versus
Prabhakar Karbhari Ghatmale – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Shri. R. V. Dasalkar, APP
For the Respondent:Mr. N.L. Choudhary, Shri. A.G. Godhamgaonkar, Advocate

JUDGMENT :

T.V. NALAWADE, J.

1. The proceedings are filed either against the decision of R.C.C. No. 92/1996 (original proceeding) or against the decision given in appeals which were filed to challenge the decision of conviction given in R.C.C. No. 92/1996 by the Trial Court. R.C.C. No. 92/06 was filed by the State in C.R. No. 123/1992 which was registered in Dhule Police Station for the offence punishable under sections 409, 420, 465, 467, 468, 471, 471-A, 477-A, r/w. 34 of INDIAN PENAL CODE (hereinafter referred to as ‘I.P.C.’ for short). The Trial Court convicted accused Nos. 1 to 3 of this case by the judgment and order dated 21.8.2001 for the offences punishable under sections 420 r/w. 34 of INDIAN PENAL CODE . Each of the three accused was sentenced to suffer rigorous imprisonment for three years and to pay fine of Rs.5,000/- and in default of payment of fine, they were to undergo, simple imprisonment for six months. These three accused were convicted for the offence punishable under section 465 r/w. 34 of I.P.C. also and under that section, each of them was sentenced to suffer rigorous imprisonment for one year. They were acquitted of the remaining offences. When seven accus

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