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2022 Supreme(Bom) 186

SUNIL B.SHUKRE, PUSHPA V.GANEDIWALA
Komal S/o Babusingh Ade – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. Avinash Gupta, Mr. R.K. Tiwari, Mr. Akash Gupta, Mr. A.M. Jaltare, Mr. R.M. Daga.
For the Respondents: Mr. S.S. Doifode, Mr. C.S. Dharmadhikari.

JUDGMENT :

PUSHPA V. GANEDIWALA, J.

1. All these Appeals against conviction, preferred under Section 374 of the Code of CRIMINAL PROCEDURE CODE , 1973, are directed against the judgment and order dated 10.08.2018 passed by the I/c. Additional Sessions Judge, Mangrulpir (Camp at Washim) in Sessions Trial No. 44/2014, whereby the learned Judge convicted the appellants for the offences punishable under Sections 302 , 307, 147 and 148 read with Section 149 of the INDIAN PENAL CODE (“IPC”).

2. The appellants/accused are acquitted of the offences punishable under Section 120B of the IPC and Section 135 of the BOMBAY POLICE ACT (now ‘the Maharashtra Police Act 1951’) (Act of 1951). Accused No. 16 - Babusingh Ramji Rathod and accused No. 17 - Sadashiv Limbaji Jadhao are acquitted of all the offences punishable under Sections 302 , 307, 147 and 148 read with Section 149 of the IPC.For the offence punishable under Section 302 read with Section 149 of the IPC, the appellants/ accused are sentenced to suffer imprisonment for life and fine of Rs. 3,000/- each, in default, to suffer simple imprisonment for one year. For the offence punishable under Section 307 read with Section 149 of the IPC, the

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