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2026 Supreme(SC) 568

PANKAJ MITHAL, PRASANNA B. VARALE
Chetan Dashrath Gade – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Ardhendumauli Kumar Prasad, Sr Adv, Adv. Mr. Siddharth S. Chapalgaonkar, Adv. Ms. Sneha Sanjay Botwe, AOR Mr. Siddhanth Kumar, Adv. Mr. Akash Tripathi, Adv.
For the Respondent(s): Mr. Aditya Krishna, Adv. Mr. Siddharth Dharmadhikari, Adv. Mr. Aaditya Aniruddha Pande, AOR Mr. Shrirang B. Varma, Adv. Mr. Bharat Bagla, Adv.

JUDGMENT :

PRASANNA B. VARALE, J.

1. The present appeal arises from the impugned judgement dated 15.03.2021 passed by the High Court of judicature at Bombay, in Criminal Appeal No. 1557 of 2018 whereby the High Court dismissed the appeal preferred by the appellant and upheld the judgement of Additional Sessions Judge, Nashik wherein the appellant was convicted for the offences under sections 302,201 r/w 34 of the Indian penal code,1860(For short, IPC), and sentenced to undergone life imprisonment and to pay fine of Rs.1,000/- in default to suffer two months simple imprisonment.

2. For convenience it is to be noted that the present appeal is filed by the accused no. 1, who is the appellant here.

FACTUAL MATRIX

3. Rupali daughter of Babasaheb Kumbharkar (P.W.1) got married to the present appellant on 24th April, 2012. That, she was living in her matrimonial home along with her husband, her in-laws and the appellant no.2 accused no.3 (younger brother of accused no.1). In November 2012, she had conceived pregnancy. Unfortunately, on 28th June 2013, there was intrauterine death of the foetus due to lack of blood supply as has been disclosed by P.W.3 Dr. Sunil Jadhav. In March 2015, she had

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