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1999 Supreme(Bom) 334

G.D.PATIL, S.D.GUNDEWAR
Dilip Ramaji Kakde – Appellant
Versus
State of Maharashtra – Respondent


JUDGMENT - S.D. GUNDEWAR, J.:---This appeal has been preferred by the appellant/accused being aggrieved by the judgment and order dated 24-8-1995 passed by the learned 5th Additional Sessions Judge, Nagpur, in Sessions Trial No. 65 of 1993, whereby the appellant/accused has been convicted under sections 302 and 324 of Indian Penal Code. For the offence punishable under section 302 of Indian Penal Code, the appellant/accused has been sentenced to suffer imprisonment for life. However, no separate sentence has been awarded to him for the offence punishable under section 324 of Indian Penal Code.

2. Briefly stated, the facts of the prosecution case are that the deceased Murlidhar Tukaram Dehare was the resident of village Khaparkheda, Taluka Parseoni, District Nagpur. P.W. 2 Gunaji is also resident of village Khaparkheda. The accused Nos. 1 and 2, who are the real brothers inter se, are residents of village Bhagemahari, while accused No. 3 is resident of village Pota. The accused Nos. 1 and 2 are the brothers of the wife of P.W. 2 Gunaji. It is alleged that the relations of accused Nos. 1 and 2 with P.W. 2 Gunaji are not cordial as the marriage of their sister with P.W. 2 Gunaji was s

























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