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1999 Supreme(Bom) 594

B.B.VAGYANI, J.A.PATIL
Sadashiv Tukaram Dipake – Appellant
Versus
State of Maharashtra – Respondent


JUDGMENT - J.A. PATIL, J.:---This appeal by the original accused is directed against the order dated 15th of April, 1994, passed by the Additional Sessions Judge, Hingoli, in Sessions Case No. 3/1994. Learned Judge convicted the accused of the offences punishable under sections 302 and 201 of Indian Penal Code but sentenced him only on the first count to suffer imprisonment for life and to pay a fine of Rs. 1,000/-, in default, to suffer further rigorous imprisonment for one year. No separate sentence was passed on the second count of the charge.

Feeling aggrieved by the order of conviction and sentence passed against him, the accused has preferred this appeal.

2. The prosecution case, in brief, is that P.W. 6 Laxman is a resident of village Santuk-Pimpri, Taluka Hingoli, District Parbhani. P.W. No. 10 Yamunabai is his wife and P.W. No. 1 Munja, who is the complainant, is his son. Laxman had two daughters, namely, Padmabai and Shobha. Padmabai is already married while marriage of Shobha was settled and it was scheduled to take place in a month or two after the incident. Shobha is the deceased in this case and at the time of her death she was around 13 years of age. She was studying











































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