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BOMBAY HIGH COURT
SMT. SADHANA S. JADHAV, J
Vilas Anil Gaikwad – Appellant
Versus
The State of Maharashtra Through Bund Garden Police Station – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Satyavrat Joshi
For the Respondents: Mr. S.R. Agarkar – APP

ORAL JUDGMENT :

1. The appellant herein is convicted by the Additional Sessions Judge, Pune vide judgment and order dated 9th October 2017 in Sessions Case No.262 of 2010 for the offences punishable under sections 307 and sentenced to suffer R.I. for seven years and to pay fine of Rs.5,000/- in default to suffer S.I. for two months. The appellant is further convicted u/ss. 332 and 353 of the Indian Penal Code and sentenced to suffer R.I. for one year and to pay a fine of Rs.1000/- I/d he shall further suffer one month S.I. The appellant is further convicted u/s. 427 of IPC and sentenced to suffer R.I. for one year and to pay fine of Rs.1000/- I/d he shall further suffer one month S.I.

2. Such of the facts necessary for the decision of this case is as under :-

The incident is dated 15th November 2009. PW1-

complainant - Mr. Suhas Barge was officiating as Police Naik at Tadiwala Lane, Pune. A lady named Lata Gade had approached the Police and had informed, that a man with a beard was holding a sickle in his hand and creating ruckus on the road and that his activities seemed dangerous to law and order in the said area. The complainant along with his colleague Police Naik, Deshmukh had l

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