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1978 Supreme(SC) 392

P.S.KAILASAM, O.CHHINNAPPA REDDY
Panda Nana Kare – Appellant
Versus
State Of Maharashtra – Respondent


Judgment

KAILASAM, J. :- This appeal under the SC (Enlargement of Criminal Appellate Jurisdiction) Act, 1970, is directed against the conviction and sentence imposed by the Bombay High Court reversing the order of acquittal by the Trial Court. The deceased Pandurang was the resident of village Khadiki. P. W. 15 Kerappa is his elder brother. P. W. 7 Gajaram who is the only witness in this case, was a friend of deceased Pandurang. Gajaram had two brothers Sandipan and Shrimant, P. W. 10. They had three sisters Anjubai, wife of the accused and Yamunabai (P. W. 6) and another.

2. The case of the prosecution is that after the death of the Yamunabais husband, intimacy developed between Yamunabai and the deceased Pandurang. Yamunabai was also friendly with accused. It is stated that the accused told Yamunabai to cut off her relations with the deceased Pandurang and to remain in his exclusive keeping. But Yamunabai turned down this proposal. Hence the accused developed enmity against the deceased.

3. The deceased Pandurang had gone to village Mangalwedha on Wednesday morning. P. W. 6 Yamunabai, her two children and the deceased came to Khomnal to attend a marriage. The accused also came to th








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