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apeal-621-94.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL No. 621 OF 1994.

Shri Ashok Magan More,

age 37 years,

Resident of Udhana Mangal

Bhavan Society, Limbayat Udhana

Yard No.2, Near Hanuman Mandir,

District Surat, (Gujarat State)

..

Appellant/Original

Accused.

versus

The State of Maharashtra

..

.. Respondent.

Mr Rohan P. Surve i/by Madhav Jamdar for the Appellant.

Mr J. P. Yagnik, Addl. Public Prosecutor for the Respondent-State.

CORAM:- A. P. BHANGALE, J.

DATE :- 29^th NOVEMBER , 2010.

ORAL JUDGMENT.:-

1.

This appeal by the appellant is directed against the judgment and

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apeal-621-94.doc

order passed by learned Additional Sessions Judge, Nandurbar in Sessions

Case no.28/1994, decided on 24.11.1994, whereby the appellant was held

guilty for an offence punishable under Section 307 of the Indian Penal

Code and was sentenced to suffer R.I. for two years and pay fine in the

sum of Rs.1000/- in default to suffer R.I. for three months.

2.

Briefly stated, the prosecution case is that the appellant Ashok

More, who was aged about 19 years at the time of the incident, a