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2021 Supreme(Bom) 394

V.M.DESHPANDE, AMIT B.BORKAR
Pramod S/o Madhavrao Rannavare – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Avinash V. Gupta, Mr. Akash A. Gupta, Mr. Mahesh Rai, Advocate
For the Respondent: Mr. S. S. Doifode, A. P. P.

JUDGMENT :

V.M. Deshpande, J.

These two appeals are filed against the judgment and order of conviction passed by the learned Additional Sessions Judge, Wardha in Sessions Case No. 11/2014 dated 27/09/2016. By the impugned judgment and order of conviction, the appellants in these two appeals were convicted for the offence punishable under Sections 302, 364 and 201 read with Section 34 of the Indian Penal Code. Life imprisonment on each count is the punishment imposed upon them for the offence punishable under Sections 302 and 364 of the Indian Penal Code together with fine of Rs.10,000/- by each of them on each count. Insofar as conviction under Section 201 of the Indian Penal Code is concerned, the learned Judge has imposed sentence of rigorous imprisonment for three years along with fine of Rs.5,000/- by each of them.

2. Criminal Appeal No.397/2016 is filed by accused Pramod Rannavare, whereas Criminal Appeal No. 426/2016 is filed by accused Nitin Ghadge, Monika Bhabat and Ashish Kathale. In the Charge framed by the learned trial Judge (Exh.12), accused Monika was shown as accused no.1, accused Pramod was shown as accused no.2, accused Ashish was shown as accused no.3 and accused Nit

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                                Judicial Analysis

                                None of the cases in the provided list explicitly indicate that they have been overruled, reversed, or otherwise treated as bad law. There are no keywords such as "overruled," "reversed," "criticized," or similar language present in the case summaries that would suggest they have been invalidated or discredited in subsequent rulings. Therefore, based solely on the information provided, no case is identified as bad law.

                                [Followed]

                                None explicitly indicated. The case summaries do not specify that any case has been explicitly followed in subsequent judgments.

                                [Distinguished]

                                None explicitly indicated. The summaries do not mention that any case has been distinguished from subsequent rulings.

                                [Criticized or Questioned]

                                None explicitly indicated. There is no language suggesting that any case has been criticized or questioned in later judgments.

                                [Legal Principles and Clarifications]

                                ARJUN PANDITRAO KHOTKAR VS KAILASH KUSHANRAO GORANTYAL - 2020 4 Supreme 405: This case discusses the requirement of a certificate under Section 65B(4) of the Evidence Act as a condition precedent for the admissibility of electronic records. It also explains procedural aspects related to obtaining this certificate, indicating its importance in evidentiary law. This appears to be a clarificatory or interpretative ruling rather than a case that has been overruled or criticized.

                                Anvar P. V. VS P. K. Basheer - 2015 3 Supreme 453: This case emphasizes that a charge of corrupt practice is akin to a criminal charge, which likely clarifies the nature of such charges. It does not suggest any negative treatment or disapproval in subsequent rulings.

                                Vivek Kalra VS State of Rajasthan - 2013 2 Supreme 124: Discusses conviction and sentence based on circumstantial evidence involving motive. The summary does not indicate any subsequent treatment that discredits or overrules this principle.

                                All cases appear to be presented without explicit indication of their subsequent judicial treatment. Without additional context or references to later rulings, their treatment remains uncertain. The summaries do not provide information on whether these cases have been overruled, criticized, or otherwise questioned in later decisions.

                                Specifically, the absence of language indicating negative treatment or subsequent validation makes it difficult to definitively categorize any case as overruled or bad law. Therefore, all cases are placed here as their treatment remains unclear based solely on the given summaries.

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