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2021 Supreme(Bom) 354

G.A.SANAP, NITIN JAMDAR
Francis @ Kau Pattrick Manvell – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Aniket Vagal, Mr. Raju D. Suryawanshi
For the Respondent: Mrs. M.M. Deshmukh, Adv

JUDGMENT :

G.A. Sanap, J.

These two appeals arise out of a judgment dated 21 July 2016 passed by Additional Sessions Judge, Nasik in Sessions Case No.90 of 2013. The Appellant in Appeal No.324 of 2017 was arrayed as Accused No.6 and the Appellant in Appeal No.725 of 2017 was arrayed as Accused No.2. Learned Sessions Judge convicted the Appellants for offences punishable under Sections 143, 147, 148 read with Section 149 of Indian Penal Code (“IPC”) and under Sections 302, 307 read with Section 149 of IPC and sentenced them to suffer rigorous imprisonment for life under Section 302. They were sentenced to suffer rigorous imprisonment for five years for the offence under Section 307. Learned Sessions Judge awarded the sentence of one year to three months for the remaining offences. They were also sentenced to pay a fine of Rs.1000/-and Rs.500/-for the offences. In these appeals, this order of conviction and sentence is challenged by the Appellants.

The facts leading to filing of appeals are as follows :

2. In the crime, there were in all six accused. Accused Nos.3 and 4 being juveniles were separately charge-sheeted and their case was sent to Justice, Juvenile Board/Court. The remaining

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