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1998 Supreme(SC) 328

M.K.MUKHERJEE, S.S.M.QUADRI
Ronny Alias Ronald James Alwaris – Appellant
Versus
State Of Maharashtra – Respondent


JUDGMENT

Quadri, J.-The appellants [Nitin Anil Swargey (A-1), Ronny @ Ronald James Alwaris (A-2) and Santu @ Santosh Balkrishna Desai (A-3)], in these three appeals, have been found guilty of offences under Section 302 read with Section 34 IPC and are condemned to death; they are also awarded different punishments under various provisions of the Indian Penal Code on their trial by the learned Additional Sessions Judge, Pune in Sessions Case No. 574 of 1992 vide Judgment dated April 28/29, 1995. In regard to sentence of death awarded to the three appellants, the learned Additional Sessions Judge referred the case, Confirmation Case No. 1 of 1995, to the High Court of Bombay, which was heard along with three appeals filed by the above said three appellants. They were disposed of by the High Court by a common judgment dated March 27, 1996, confirming the conviction of and sentences awarded to the appellants. Against the said judgment, by special leave, these appeals are filed.

2. The case set up by the prosecution is as follows:

A new colony, Varsha Park Society, is situate at Baner Road near Pune. Among newly constructed houses are two bungalows, Rooman Bungalow of Mr. Mohan Ohal, th













































































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