MANGAL TULARAM WARKHADE Vs. STATE OF MAHARASTRA
LAWS(BOM)-2011-10-54
HIGH COURT OF BOMBAY
Decided on October 05,2011

Mangal Tularam Warkhade Appellant
VERSUS
STATE OF MAHARASTRA Respondents





Cited Judgements :-

BHAGHAJI JORAJI THAKORE & ORS VS. STATE OF GUJARAT [LAWS(GJH)-2016-9-68] [REFERRED]


JUDGEMENT

U. V. Bakre, J. - (1.)These appeals, being disposed of by common judgment, are arising out of the judgment and order dated 15/5/2008, passed by the learned Additional Sessions Judge, Chandrapur in Sessions Trial No. 18/2006. The appellants of Criminal Appeal No. 312/08 were accused Nos. 1, 2 and 3; the appellant of Criminal Appeal No. 242/08 was accused No. 4; whereas the appellant of Criminal Appeal No. 795/08 was accused No.5. The appellants shall hereinafter be referred to as the accused persons as per their numbers in the Sessions Trial.
(2.)Accused Nos. 1 to 5 were tried for offence punishable under Section 395 read with Section 397 of the Indian Penal Code (for short, I.P.C.) and Section 3 read with Section 25 of the Arms Act, 1959.
(3.)Vide the impugned judgment and order, accused Nos. 1 to 5 are acquitted of the offence under Section 3 read with Section 25 of the Arms Act. They are held guilty of the offence punishable under Section 395 read with Section 397 of I.P.C. and convicted and sentenced to undergo rigorous imprisonment for seven years and to pay fine of Rs.2,000/each in default to undergo rigorous imprisonment for further period of one year.


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