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2025 Supreme(SC) 161

J. B. PARDIWALA, R. MAHADEVAN
Sadashiv Dhondiram Patil – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Sachin Patil, AOR Mr. Geo Joseph, Adv. Mr. Risvi Muhammed, Adv. Mr. Rishabh Agarwal, Adv.
For the Respondent(s): Mr. Aniruddha Joshi, Sr. Adv. Mr. Siddharth Dharmadhikari, Adv. Mr. Aaditya Aniruddha Pande, AOR

ORDER :

1. This appeal arises from the Judgment and Order passed by the High Court of Judicature at Bombay dated 3-7-2015 in Criminal Appeal No.70/94 by which the High Court allowed the acquittal appeal filed by the State of Maharashtra and thereby set aside the Judgment of the Additional Sessions Judge, Kolhapur dated 13-7-1993 in Sessions Case No.48/91 acquitting the appellant - herein (original accused) for the offence punishable under Sections 302 and 201 respectively of the Indian Penal Code (for short, the “IPC”).

2. The case of the prosecution may be summarized as under:- The deceased by name Lata was married to the appellant herein. A son was born in the wedlock. However, it appears that marital life was not happy. The appellant – herein was entertaining a doubt in his mind as regards the chastity of his wife. One day all of a sudden, the deceased went missing.

3. In such circumstances, the maternal uncle of the deceased by name - Yashwant Ganpati Patil (PW 5) went to the house of Village Police Patial by name Mr. Vasant Dattu Bhosale & informed him that his niece had gone missing.

4. It appears that on 20-10-1990 at about 9.30 p.m. PW 5 brought to the notice to PW 2 that his n

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