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2020 Supreme(Bom) 708

S.S.SHINDE, V.G.BISHT
Gorakh Ramdas Kandge – Appellant
Versus
State Of Maharashtra – Respondent


Advocates Appeared:
D.D. Shivde, Advocate, Anil Shitole, Advocate, S.S. Chaudhari, Advocate, Raju Patil, Advocate, V.S. Tadake, Advocate, Shantanu R Phanse, Advocate, S.V. Sonavane, Advocate

JUDGMENT

V.G.Bisht, J. - These three Appeals arise out of a common judgment and order passed by learned Additional Sessions Judge at Pune dated 12th August, 1996 in Sessions Case No. 94 of 1995.

2. Criminal Appeal No. 515 of 1996 has been preferred by accused Gorakh Ramdas Kandge (A-4) and Pandurang Dattoba Kandge (A-5), Criminal Appeal No. 517 of 1996 by accused Kisan Dhondiba Kandge (A-6), Aba Dhondiba Kandge (A-9) and Sainath Dhondiba Kandge (A-10); and Criminal Appeal No. 586 of 1996 by accused Narayan Baburao Kandge (A2) and Arun Dattoba Kandge (A-3).

3. They have been convicted under Sections 302/149 of the Indian Penal Code (for short, "IPC") and sentenced to life imprisonment and to pay a fine of Rs.1000/- each, in default to suffer rigorous imprisonment for four months, besides sentencing them under Sections 147, 148, 324 and 447 of the IPC. The substantive parts of sentences were directed to run concurrently. As however all the three Appeals arise out of the same judgment, we propose to decide these Appeals by one judgment.

4. Briefly put, the facts may be summarized as follows :

    (a) On 02.10.1994 at about 6.00 p.m., when Babaso Walmikrao Khandagale, informant, was present

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