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2018 Supreme(SC) 759

N.V.RAMANA, MOHAN M.SHANTANAGOUDAR
SOW. CHHAYA – Appellant
Versus
STATE OF MAHARASHTRA – Respondent


JUDGMENT

MOHAN M. SHANTANAGOUDAR, J.

Leave granted.

2. This appeal is presented by the convicted accused questioning the Judgment and Order dated 13.6.2016 passed in Criminal Appeal No. 165 of 2014 by the High Court of Judicature at Bombay (Aurangabad Bench).

By the impugned judgment, the High Court confirmed the judgment and order of conviction passed by the Trial Court for the offences punishable under Section 302 read with Section 34 and Section 498A read with Section 34 of the Indian Penal Code.

3. The case of the prosecution in brief is that Kavita (the victim) sustained 100% burn injuries at about 7.00 a.m. on 11.2.2013 while she was in her matrimonial house at village Javla Bazar, Tq. Basmath. Immediately thereafter, she was brought to the Civil Hospital, Parbhani wherein she succumbed to her injuries at 5.50 p.m. During the course of treatment, her Dying Declaration was recorded at 3.10 p.m. in the hospital in which she implicated both the accused.

As mentioned supra, the Trial Court as well as the High Court convicted both the accused.

4. This Court, on 21.11.2016, while issuing notice of the appeal in so far as Accused No.2, Smt. Chhaya (sister-in-law of victim’s husband)







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