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2019 Supreme(Bom) 2002

B.P.DHARMADHIKARI, PRAKASH D.NAIK
Anandrao @ Anil Baban Kharade – Appellant
Versus
State Of Maharashtra – Respondent


Advocates Appeared:
Payoshi, Adv., Yug Mohit Chaudhari, Adv., Tahera Qureshi, Adv., V.V. Gangurde, Adv.

JUDGMENT

Prakash D. Naik, J. - The appellants have preferred these appeals challenging the Judgment and Order dated 21st March 2012 passed by ad-hoc Additional Sessions Judge, Greater Bombay at Sewree in Sessions case No. 60 of 2010. The Appellants were convicted for the offence under Section 302, read with Section 34 of the IPC and sentenced to suffer life imprisonment and to pay fine of rupees five thousand each. The Appellants were also convicted for the offences punishable under Section 392 read with Section 34 of the IPC and they were sentenced to suffer RI for five years and to pay fine of rupees two thousand each. They were also found guilty for the offence punishable under Section 201 read with Section 34 of the IPC and they were sentenced to suffer RI for five years and to pay fine of rupees 2 thousand each.

    2. The case of prosecution in nutshell is as under:

      a) On 29/08/2009, the deceased Ganesh Pudarkar had gone to attend his work. He was working as travel agent at Dadar, T.T. he was owner of Indica Car bearing No. MH 04 CE-3976.

        b) There was Ganesh Festival celebration at the house of the deceased Ganesh Pudarkar. The Complainant used to attend the said festival. The Com

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