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2004 Supreme(Bom) 29

V.G.PALSHIKAR, P.V.KAKADE
Kusha Laxman Waghmare – Appellant
Versus
State of Maharashtra – Respondent


JUDGMENT - PALSHIKAR V.G., J.:---Being aggrieved by the order dated 21-5-1999 passed by the Sessions Judge, Raigad in Sessions Case No. 127 of 1998 holding the accused guilty under section 302 I.P.C. and punishing him to suffer R.I. for life, the appellant has preferred this appeal through jail.

2. Since the accused was not duly represented, Ms. D.M. Shah was appointed as Advocate to represent the accused/appellant. With the assistance of the learned Advocate and the learned A.P.P. we have scrutinised the record and reappreciated the evidence on record. The prosecution case stated briefly is that on 2nd March, 1998 at 9 p.m. within the limits of village Karanjghar Katakarwadi, Taluka Sudhagad, District Raigad the accused killed his wife Anusuya by means of wooden bar, hitting her very severely on the chest at the back. As a result of which beating several ribs were broken and there was internal bleeding and due to congestion she died. The complaint was accordingly lodged and the police conducted the investigation and on completion of the investigation charge-sheeted the accused under section 302 of I.P.C.

3. During the course of the trial the prosecution has examined as many as six w






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