LAWS(BOM)-2005-8-59

SHAILENDRA ZALU SAHARE Vs. STATE OF MAHARASHTRA

Decided On August 03, 2005
SHAILENDRA ZOLU SAHARE Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Appeal No. 468 of 2004 is by accused No. 3 Shailendra who was accused No. 3 and Criminal Appeal No. 469 is by Vinod who was accused No. 1 in Sessions Trial No. 135 of 2003. These accused were tried along with 2 other accused lokesh Pardhi and Raju Bahekar. The trial resulted in acquittal of other accused and the appellants were convicted for the offence punishable under section 459 r/w/ section 34 of the Indian Penal Code and sentenced to suffer R. I. for 5 years and fine of Rs. 5000/- and default sentence for S. I. for one month.

(2.) The judgment of conviction and sentence is challenged on the grounds namely:

(3.) The case is being argued with special emphasis on the question of identification though as much as 144 grounds in the appeal and 20 more grounds have been raised in other appeal.