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2000 Supreme(Bom) 716

S.G.MAHAJAN, R.K.BATTA
Dhanraj s/o Kisana Raut & others – Appellant
Versus
State of Maharashtra – Respondent


JUDGMENT - R.K. Batta, J.:---The appellants were tried for the murder of Sindhubai w/o Ramesh Kelbaji Raut by setting her on fire under section 302 read with 34 Indian Penal Code. The husband of Sindhubai viz. Ramesh Kelbaji Raut was also charge-sheeted along with the appellants for the said offence, but he was absconding and the trial proceeded against the appellants who have been convicted by the trial Court for the murder of Sindhubai under section 302 read with 34 Indian Penal Code. The appellants have been sentenced to rigorous imprisonment for life and fine of Rs. 100/- each in default to further undergo rigorous imprisonment for one month. The conviction and sentence is challenged by the appellants in this appeal.

2. The prosecution had examined 11 witnesses in support of the charge. The prosecution case, in brief is that, deceased Sindhubai was married with absconding accused Ramesh about 3 years prior to the date of incident; absconding accused Ramesh used to harass and ill-treat Sindhubai; accused Laxmibai and Krishna used to instigate absconding accused Ramesh to leave Sindhubai and that a few days prior to the incident in question, there was a quarrel between the abscon






























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