(1.) Keeping in view the law laid down by the Supreme Court, we have heard and considered this Appeal preferred by the Appellant/State against acquittal of the Respondents/Accused of the offence punishable under Section 302 r/w 34 of the Indian Penal Code by the judgment and order dated 08/10/2002 passed by the learned Additional Sessions Judge, Mumbai in Sessions Case No.1382 of 1998.
(2.) The case of the prosecution, in brief, can be stated thus :-
(3.) During the course of investigation, he recorded the statement of witnesses, and sent all the seized articles along with the car to CA. Thereafter identification parade was conducted and both the accused were identified by witness Jaisingh Ramchandra Salvi. After completion of investigation PW-11 Pathan submitted the charge-sheet against both the accused in the court of 43rd Metropolitan Magistrate at Borivali. The learned Metropolitan Magistrate committed the case to the Court of Sessions as the offences levelled against both the accused are triable by the Court of Sessions.
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