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SUPREME COURT OF INDIA

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CASE NO.:

Appeal (crl.) 124 of 2003

PETITIONER:

State of Maharashtra

RESPONDENT:

Vs.

Kashirao & Ors.

DATE OF JUDGMENT: 27/08/2003

BENCH:

DORAISWAMY RAJU & ARIJIT PASAYAT.

JUDGMENT:

J U D G M E N T

ARIJIT PASAYAT, J.

On 27.12.1987 Subhash Warankar (hereinafter referred to as the

’deceased’) lost his life and Pundlik (PW-1) was seriously injured.

Allegedly, the respondents were the assailants. The Additional Sessions

Judge, Amravati found them guilty of offences punishable under Sections

302, 307, 147, 148, 452 read with Section 149 of the Indian Penal Code,

1860 (in short the ’IPC’). Each was sentenced to undergo imprisonment

for life and three years for the offences relatable with Section 302

read with Section 149 and Section 307 read with Section 149 IPC

respectively. One person, namely, Mohan was tried along with the

respondents. Since he died during the pendency of the trial the matter

was abated so far as he is concerned.

Factual scenario according to the prosecution is as follows:

Relationshi