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2017 Supreme(SC) 228

ADARSH KUMAR GOEL, UDAY UMESH LALIT
Ananda Bapu Punde @ Koli – Appellant
Versus
Balasaheb Anna Koli – Respondent


Advocates Appeared:
For the Appellant : Rahul Joshi, Abdul Rahiman Tamboli, S. Gowthaman, Advs.
For the Respondents: Rajiv Shankar Dvivedi, Nishant Ramakantrao Katneshwarkar, Advs.

JUDGMENT

Uday Umesh Lalit, J.

Respondent Nos.1 and 2, husband and mother-in-law of one Poonam were tried for having committed her murder within 7 years of marriage with the Respondent No.1. According to the prosecution, at about 8:00 a.m. on 11.06.2002 a message was received by PW 3 Ananda-father of Poonam that she was missing since previous night, whereafter the father, mother and other persons from the family reached the house of Respondent Nos.1 and 2. On 12.06.2002, the body of Poonam was found in a well. This led to the lodging of FIR Ext.164 by PW 3 Ananda. The Inquest panchanama Ext.13 showed that no injuries were found on the neck, throat or other parts of the body of said Poonam. According to Post mortem report Ext.14 the cause of death was asphyxia due to drowning. After due investigation, charge-sheet was filed and charges were framed against Respondent Nos.1 and 2 and father of Respondent No.1 (who died during the pendency of the trial) for the offences punishable under Sections 498A, 304B, 306 and 302 read with Section 34 IPC by the Court of Additional Sessions Judge, Ichalkaranji in Sessions Case No.6 of 2005.

2. In support of its case, the prosecution principally relied






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