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Satish Omprakash Gupta & Ors. Vs. State of Maharashtra [2008] INSC 2091 (4 December 2008)

Judgment

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 375 OF 2002 SATISH OMPRAKASH GUPTA & ORS. .. APPELLANTS vs.

ORDER

Having heard learned counsel for the parties, we are satisfied that the conviction so far as Omprakash Banarasdas Gupta and Kaushalya Omprakash Banarasdas Gupta - Appellant Nos. 2 and 3 are concerned, cannot be maintained in view of the unsatisfactory nature of the evidence. So far as appellant No.1-Satish Omprakash Gupta is concerned, we find that the courts below have analyzed the evidence correctly to find him guilty. However, the sentence is reduced to six months on each count.

The appeal is allowed to aforesaid extent.

The bail bonds for the purpose of grant of bail, so far as appellant Nos.2 and 3 are concerned, shall stand discharged. The appellant No.-1 shall surrender to custody forthwith for undergoing the remaining period of sentence.

......................J. (Dr. ARIJIT PASAYAT)

......................J.(Dr. MUKUNDKAM SHARMA)

NEW DELHI;

DECEMBER 4, 2008.

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