(11)
S.C.No.463/2009 (Judgment)
articles. Accordingly he has recorded the statement of Executive Magistrate, who
conducted the identification parade. He also recorded statement of witness Mayur
Chandaliya i.e. son of accused Pradip who gave simcard to Pradeep. After
completion of investigation he filed chargesheet against accused No.1 under
aforesaid Sections and accused Nos.2 & 3under Sections 411,412,414,109,212 of IPC.
23/
The learned Magistrate, after taking cognizance, committed the case to
the Court of Sessions for disposal according to law.
24/
The then Additional Sessions Judge heard learned APP Shri Mugadiya,
on behalf of State, Advocate Shri Mote, Advocate Shri Ghanekar and Advocate Shri
Barlota for accused Nos.1 to 3 respectively. The learned Additional Sessions Judge
had also gone through the Police investigation papers. After considering the
arguments and after going through the Police investigation papers, he came to the
conclusion that the prosecution had made out primafacie case against accused No.1
to frame charge under Sections 302,392 r/w 397, 394,376,201,456,457,458,459, of
IPC. Similarly, against accused Nos.2 & 3 by name Pradeep Chandaliya and Ram
Bodkhe, he had noticed that the prosecution had made out the case against them to
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