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2009 Supreme(SC) 234

ARIJIT PASAYAT, ASOK KUMAR GANGULY
Kalawati W/o Devaji Dhote – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
For the Appellant :Kishor Lambat, R.S. Lambat & Deven Lambat, Advocates.
For the Respondent:Ravindra Keshavrao Adsure, Advocates.

JUDGMENT

Dr. Arijit Pasayat, J. —

1. Leave granted.

2. Challenge in this appeal is to the judgment of a Division Bench of the Bombay High Court, Nagpur Bench, upholding the conviction of the appellant for offence punishable under Section 302 of the Indian Penal Code, 1860 (in short ‘IPC’) as was recorded by the learned Sessions Judge, Wardha, and the sentence of life imprisonment was awarded.

3. The prosecution version is as follow:

Appellant was prosecuted for the offence punishable under Section 302 IPC on the allegations that on 17th March, 1989, at about 5.00 P.M. at Mouja Shekapur (Mozari) she committed murder by intentionally causing death of Babital, wife of Pandurang Lokhande on account of a preceding quarrel. Deceased Babital was residing in the neighbourhood of appellant at Mouja Shekapur. On the date of incident, her husband P.W.3 Pandurang had gone to the field of one Murlidhar Barade. At about 5.00 P.M. he returned home. He noticed his wife in the burnt condition. The fire was extinguished and she was led on the cot. There was quarrel between the deceased Babital and the appellant at about 4.00 P.M. which was witnessed by son of the deceased Sharad (PW 1). The quarrel




















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