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2022 Supreme(Bom) 968

M.S.SONAK, S.M.MODAK
Ritesh @ Rajan Janaji Bhalerao – Appellant
Versus
State of Maharashtra (At the instance of Nashik Road Police Station) Dist. Nashik – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Aniket Vagal, Advocate
For the Respondent: Ms. M.M. Deshmukh, APP

JUDGMENT :

M.S. Sonak, J.

1. Heard Mr Aniket Vagal, learned Counsel for the Appellant in both the appeals and Ms M.M. Deshmukh, learned APP for the State.

2. Both these appeals challenge the Judgment and Order dated 17/12/2019 made by the learned Sessions Judge, Nashik, in Sessions Case No. 286 of 2015, convicting both the appellants for offences punishable under section 302, 201 read with section 34 of the Indian Penal Code. As a result, the appellants were sentenced to suffer imprisonment for life for the offence punishable under section 302 of the Indian Penal Code. Since both the appeals question the same Judgment and Order, learned Counsel for the parties agree that a common Judgment and Order can dispose of both these appeals.

3. One Rahul Bhalerao was also charged for the offence punishable under section 302, 201 read with section 34 of the Indian Penal Code, along with two appellants. However, by the above-impugned Judgment and Order, the learned Sessions Judge has acquitted him. Similarly, the learned Sessions Judge also acquitted the Appellant and said Rahul for an offence punishable under section 364 of the Indian Penal Code.

4. The prosecution case is that one Smt. Surekha P

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