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2022 Supreme(Bom) 94

S.S.SHINDE, SARANG V.KOTWAL
Madhukar Vijay Mali – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Abbas Z. Mookhtiar, Advocate
For the Respondent:Mr. Manoj Harit, Advocate a/w. Akhil Kupade & Mohammed A. Shaikh i/b. Manoj Harit & Company, for the Appellant in Criminal Appeal No.626/2017. Ms. G.P. Mulekar, Adv

JUDGMENT :

SARANG V. KOTWAL, J.

1. Both these Appeals are decided by this common judgment because they arise out of the same trial and in both these appeals the same judgment and order are impugned.

2. Criminal Appeal No.626/2017 is filed by the original accused No.1 Sanju @ Sanjay Suryawanshi and Criminal Appeal No.1030/2017 is preferred by the original accused No.2 Madhukar Mali. Both of them were tried in Sessions Case No.55/2013 by the Additional Sessions Judge, Niphad, District-Nashik.

3. Vide judgment and order dated 7.1.2017, both the Appellants were convicted for commission of the offences punishable under Sections 302 and 324 of the Indian Penal Code read with Section 34 of IPC. For commission of the offence punishable under Section 302 of IPC, both of them were sentenced to suffer life imprisonment and to pay fine of Rs.1500/- each; and in default to suffer further RI for six months. For commission of the offence punishable under Section 324 of IPC, both of them were sentenced to suffer RI for one year and to pay fine of Rs.500/- each; and in default to suffer SI for three months. The sentences were directed to run concurrently. The Appellants were acquitted for commission of

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