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2021 Supreme(Bom) 373

SADHANA S.JADHAV, PRITHVIRAJ K.CHAVAN
Prakash @ Buddha Ramchandra Shinde – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Appellants : Ms. Anita A. Agarwal, Mr. Viresh V. Purwant, Mr. Satyavrat Joshi i/b. Mr. Jaydeep D. Mane.
For the State : Ms. Geeta P. Mulekar, A.P.P.

JUDGMENT :

Sadhana S. Jadhav, J.

1. The appellants herein are convicted for the offence punishable under section 120B, 302 read with section 34 of the Indian Penal Code and sentenced to suffer R.I. for the period of 3 years each for offence punishable under section 120B of the Indian Penal Code and further sentenced to suffer Imprisonment for Life and to pay fine of Rs. 10,000/- each I.d. to suffer R.I. for two years for offence punishable under section 302 read with section 34 of the Indian Penal Code, by Sessions Judge, Solapur in Sessions Case No. 164 of 2011 vide Judgment and Order dated 8/5/2014. Hence, these appeals.

2. Such of the facts necessary for the decision of these appeals are as follows :

    (i) On 17/2/2011 at about 14.10 hours (2.10 p.m.) one Swapnil @ Dayanand son of Bajrang Dhavane (P.W. 2) lodged a report at Mohol Police Station alleging therein that on 16/2/2011 he was accompanying his father to Diksal village on their Hero Honda Splender Motor Cycle No. MH-13-AM-6769. His father Bajrang was working as Secretary in Solapur District Secondary School Teachers and Employees Credit Society at Bale, Solapur. On the way, they have stopped to give list of grocery articles to

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