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2021 Supreme(Bom) 489

SADHANA S.JADHAV, PRITHVIRAJ K.CHAVAN
Sanjay Sadashiv Girigosavi – Appellant
Versus
State of Maharashtra, At the instance of Karveer Police Station, Dist-Kolhapur – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Kuldeep Patil a/w. Mr. Prashant Patil a/w. Ms. Sayali Dhuru
For the Respondent: Ms. Geeta P. Mulekar, APP

JUDGMENT :

Sadhana S. Jadhav, J.

1. The appellants herein seek to challenge the judgment and order dated 19th October 2012 passed by the Additional Sessions Judge, Kolhapur in Sessions Case No. 21 of 2004. The appellants are original accused nos. 1 to 8 and 16. The original accused nos. 4, 6, 8 and 10 have died. The appellants are convicted for the offence punishable under sections 302, 307, 326, 324, 323, 147 and 148 read with 149 of Indian Penal Code and are sentenced to undergo Rigorous Imprisonment for life and to pay a fine of Rs. 25,000/-(Rupees Twenty Five Thousand Only), in default of payment of fine, to undergo Simple Imprisonment for six months.

2. Such of the facts necessary for the decision of this appeal are as follows :-

    (a) That there was a civil dispute between the accused and the deceased in respect of land situated in Gat Nos. 96 of Padali Burduk. One Shree Krishna Prayag Datta Temple is situated in Gut No. 96. The administration of the said temple and the adjacent land is done by the trust of the temple. Ramgiri was the common ancestor of Yashwant Ananda Girigosavi (the first informant) and the accused Nanda Kedari Buwa @ Girigosavi (acquitted accused). Ramgiri was s

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