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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

SIDE JURISDICTION

SIDE JURISDICTION

SIDE JURISDICTION

CRIMINAL APPEAL NO.553 OF 2006

CRIMINAL APPEAL NO.553 OF 2006

CRIMINAL APPEAL NO.553 OF 2006

1. Subhash Hariram Rajbhar

R/o. Sabre Chawl,

Near Shivshakti Chawl,

Gandhi Nagar Cutting No.10,

Kurar, Malad (E), Mumbai.

2. Ghanshyam Hariram Rajbhar

R/o. Sabre Chawl,

Gandhi Nagar Cutting No.10,

Kurar, Malad (E), Mumbai.

3. Ramdular Ramnihar Bhardwaj

R/o. Sabre Chawl,

Near Shivshakti Chawl,

Gandhi Nagar Cutting No.10,

Kurar, Malad (E), Mumbai.

4. Babulal @ Bablu Satyanarayan Maurya

R/o. Shivshakti Chawl,

Cutting No.10, Bhim Nagar,

Kurar Village, Malad (E),

Mumbai- 400 097.

5. Dinesh Ramchandra Rajbhar

R/o. Shivshakti Chawl,

Cutting No.10, Bhim Nagar,

Kurar Village, Kurar,

Malad (E), Mumbai- 400 097. ...Appellants.

V/s.

The State of Maharashtra

(at the instance of Kurar Police Station

vide C.R.NO.137/05) ...Respondents.

Ms. Anjali Patil, advocate for the Appellants.

Ms. M.M.Deshmukh, APP for the Respondent/State.

CORAM: J.H.BHATIA, J.

CORAM: J.H.BHATIA, J.

CORAM: J.H.BHATIA, J.

DATE : 5th June, 2007.

DATE : 5th June, 2007.

DATE : 5th June, 2007.

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ORAL JUDGMENT:

ORAL JUDGMENT:

ORAL JUDGMENT:

1. The appellants, who are original accused nos.1

to 5, have preferred this appeal challenging the

judgment and order passed by 3rd Ad-hoc Additional

Sessions Judge, Bombay in Sessions Case No.791 of 2005,

whereby all the appellants were convicted for the

offences punishable under Sections 399 and 402 of the

I.P.C. They were sentenced to undergo R.I. for 5 years

and to pay a fine of Rs.1,000/- each for the offence

punishable under Section 399 of the I.P.C. and were

sentenced to undergo R.I. for 3 years and to pay a fine

of Rs.500/- each for the offence punishable under

Section 402 of the I.P.C.

2. Prosecution case in brief is that, on 11-8-2005

at about noon time, P.W.1 Head Constable Sunil Hosalkar,

P.W.5 API Jitendra Koli and API Patil got reliable

information from a police informer that in one room of

Sabre Chawl 4 or 5 persons had assembled with weapons.

In view of this information, police decided to raid that

place. Accordingly two panch witnesses were called and

the police party alongwith the panchas went to the said

spot at about 12.45 hours. The police party was divided

into two groups. One group stood near the door of the

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room and some staff members stood near a window of that

room for a few minutes. They heard conversation, which

was going on inside the room. As per the F.I.R. lodged

by Head Constable Sunil Hosalkar, police heard somebody

in the room saying that "Babloo Saman Thik Kiya Kya