A.M.AHMADI, N.M.KASLIWAL
Niranjan Singh Karam Singh Punjabi, Advocate: State Of Maharashtra: State Of Maharashtra: Jitendra Bhimraj Bijjaya – Appellant
Versus
Jitendra Bhimraj Bijjaya: Jitendrabhimrajbijjaya: Jitendra Bhimraj Bijjaya: State Of Maharashtra – Respondent
JUDGMENT
AHMADI, J. :- These three appeals arise out of the charge levelled by the police against the five petitioners of the above special leave petition under Sec. 3 of the Terrorists and Disruptive Activities (Prevention) Act, 1987 (hereinafter called the Act), Secs. 302, 307 read with Ss. 147, 148 and 149, I.P.C. and S. 37 of the Bombay Police Act, 1951, for the murder of one Raju alias Avtar Singh, son of the appellant of Criminal Appeal No. 703 / 89, and for injuries caused to his companion Keshav Vitthal, the first informant. The facts giving rise to these proceedings are as under:
On the afternoon of the 12th July, 1989 when Raju and his companion Keshav were proceeding on a motor-cycle at about 3.00 p.m. they were intercepted by the accused Jitendra and one another known as a wrestler. Following some altercation and heated exchange of words between them, the other three accused persons arrived at the spot. Two of them were armed with knives and the third possessed an iron-rod. On seeing them Keshao who was on the pillion seat took to his heels whereupon Raju who was in the drivers seat abandoned the motor-cycle and ran in another direction. Two of the accused persons ran af
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