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2000 Supreme(Bom) 580

R.K.BATTA
Sudhakar s/o Domaji Sonule – Appellant
Versus
State of Maharashtra – Respondent


JUDGMENT - R.K. BATTA, J.:---The appellant was tried for the murder of one Arvind s/o Nathu Bhimte, aged about 22 years, under section 302 of the Indian Penal Code. The prosecution had in all examined six witnesses in support of the charge. By impugned judgment dated 9th March 1994 which is the subject matter of challenge in this appeal, the appellant was held guilty under section 302 of the Indian Penal Code and was sentenced to suffer imprisonment for life.

2. The prosecution case in brief is that on 6-2-1992 at about 9.30 p.m., there was altercation and scuffle between the deceased Arvind and the appellant. P.W. 3 Dadaji, one Jiya, Prakash and Tarachand intervened on account of which the quarrel subsided. Tarachand took the appellant towards his house and the deceased Arvind went near video parlour. Later, the appellant also went towards video parlour. Subsequently, at about 2.30 a.m., the body of Arvind was found near hospital gate which is stated to be at a distance of more than two kms. from the place where the scuffle between Arvind and the appellant had initially taken place. P.W. 1 Bhaurao had seen the body of deceased Arvind at 2.30 a.m. near the hospital gate. Accordingl











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