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2020 Supreme(SC) 335

UDAY UMESH LALIT, INDU MALHOTRA, HEMANT GUPTA
Arvind Singh – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Appellant(s) :Ajit Singh Pundir, Deepak Anand, Advocate
For the Respondent(s):Sachin Patil, Gaurav Agrawal, Rishi Jain, Advocates

JUDGMENT :

HEMANT GUPTA, J.

1. The present appeals are directed against the judgment and order passed by the High Court of Judicature at Bombay (Nagpur Bench) on 5th May, 2016 whereby the appeals filed by the appellants Rajesh Daware[for short, ‘A-1’] and Arvind Singh[for short, ‘A-2’] against their conviction for offences punishable under Section 364A read with Section 34 of the Indian Penal Code, 1860[for short, ‘IPC’] and Section 302 read with Section 34 IPC was dismissed by confirming the death sentence imposed upon them by the learned Sessions Judge, Nagpur vide its order dated 4th February, 2016.

2. The prosecution process was set in motion on the basis of an oral statement made by Dr. Mukesh Ramanlal Chandak (PW-1) to the Police Sub-Inspector, Police Station Lakadganj, Nagpur City on 1st September, 2014 about his son Yug, aged 8 years being missing. Dr. Chandak stated that, on 1st September, 2014, when he was present with his wife at the hospital, she told him that their driver Raju Tote had informed her on the phone that their son went along with somebody. Dr. Chandak (PW-1) came home and inquired from Arun Parmanand Meshram (PW-31), the watchman of their housing society, “Gur


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