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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.176 OF 1992

Shaikh Umer Hyder Phuleri

Aged about 41 years,

Mohan Sethi’s Chawl, Kherani Road,

Saki Naka, Bombay – 400 072

....Appellant

Vs.

The State of Maharashtra

....Respondent

.........

Mr.Divesh Chamboowala, for appellant.

Mrs.P.P.Shinde, APP for respondent – State.

.........

CORAM

: P.B.MAJMUDAR &

R.G.KETKAR, JJ.

RESERVED ON : 10

th FEBRUARY, 2010.

PRONOUNCED ON : 11

th MARCH, 2010.

JUDGMENT : (Per R.G.KETKAR, J.)

This Appeal is preferred by the original accused challenging the

judgment and order dated March 10, 1992 passed by the learned

Additional Sessions Judge, Greater Bombay in Sessions Case No.897 of

cri.appeal.176-92.sxw

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1988. By that judgment, the learned Additional Sessions Judge convicted

the appellant/accused of the offence punishable under Section 302 Indian

Penal Code, 1860 (for short “IPC”) and was sentenced to undergo the

imprisonment for life. The case of the prosecution, briefly stated, is as

under.

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The complainant Shahabuddin (PW 1) along with his brother Taimur,

since deceased (hereinafter ref