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2021 Supreme(Bom) 1389

M.S.SONAK, PUSHPA V.GANEDIWALA
Budru @ Dinesh @ Krishna – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
H. P. Lingayat, Advocate, T. A. Mirza, Advocate

JUDGMENT

M.S. Sonak, J. - Heard learned counsel for the parties.

2. This appeal is directed against the judgment and order dated 17.05.2018 made by the learned Sessions Judge, Gondia in Sessions Trial No. 77/2012 convicting the appellant i.e. accused nos. 3 (A3) and accused no. 4 (A4) of the offenses punishable under Sections 143, 148, 120B, 302, 307 read with Sections 149 and 395 of the Indian Penal Code (IPC). By the same judgment and order, however, the appellants were acquitted of the offenses punishable under Sections 18, 20, and 23 of Unlawful Activities (Prevention) Act and under Sections 3 and 4 of read with Section 25 of the Arms Act and Section 5 of the Explosive Substance Act. Further by the same judgment and order, the accused nos. 1 and 2 were acquitted of all the charges leveled against them. This appeal is therefore instituted by the Appellants i.e. original accused nos. 3 (A3) and accused no. 4 (A4) and the same is restricted to that part of the judgment and order dated 17.05.2018 convicting and sentencing the Appellants inter alia, to rigorous imprisonment for life.

3. The case of the prosecution is that on 01.12.2011 at about 7.30 a.m. API Raut (PW11), who was on dut

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