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Dilip Vs. Parmar & ANR Vs. State of Maharashtra [2008] INSC 1809 (22 October 2008)

Judgment

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.92 OF 2000 Dilip V. Parmar & Anr. ...Appellant(s) Versus State of Maharashtra ...Respondent(s) With Criminal Appeal No.93 of 2000 O R D E R Heard learned counsel for the parties.

The appellants of these appeals were convicted by the Trial Court under Section 330 read with Section 34 of the Indian Penal Code, 1860. Appellant No.1 in Criminal Appeal No.92 of 2000 was sentenced to undergo rigorous imprisonment for a period of three years and to pay fine of Rupees three thousand; in default, to undergo further imprisonment for a period of six months. So far as Appellant No.2 in Criminal Appeal No.92 of 2000 and appellants in Criminal Appeal No.93 of 2000 are concerned, they were sentenced to undergo rigorous imprisonment for a period of two years and to pay fine of Rupees five hundred each; in default, to undergo further imprisonment for a period of one month. On appeal being preferred, High Court confirmed the conviction. Hence, these appeals by special leave.

...2/- -2- Having heard learned counsel appearing on behalf of the parties and perused the records, we are of the view that the Trial Court as well as the High Court have recorded conviction of the appellants upon threadbare discussion of evidence and no interference by this Court is called for.

The appeals, accordingly, fail and the same are dismissed.

The bail bonds of the appellants, who are on bail, are cancelled and they are directed to be taken into custody forthwith to serve out the remaining period of sentence for which the matter shall be reported to this Court by the Trial Court within two months from the date of receipt of copy of this order.

......................J. [B.N. AGRAWAL]

......................J. [G.S. SINGHVI]

......................J. [AFTAB ALAM]

New Delhi,

October 22, 2008.

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