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2004 Supreme(Bom) 1070

R.M.S.KHANDEPARKAR, R.S.MOHITE
Ramesh Babu Desai – Appellant
Versus
State of Maharashtra – Respondent


JUDGMENT - KHANDEPARKAR R.M.S., J.: - Heard the learned A.P.P. for the respondent-State. Neither the appellant nor his Advocate present. Bearing in mind the decision of the Apex Court in (Bani Singh and others v. State of U.P.)1, reported in A.I.R. 1996 S.C. 2439 we perused the entire records including the judgment passed by the Court below with the assistance of the learned A.P.P.

2. This appeal arises from the judgment and order dated 24-9-1992 passed in Sessions Case No. 121 of 1991 by the Addl. Sessions Judge, Sangli. By the impugned judgment the appellant/accused has been held guilty of offence of murder of one Surayya, punishable under section 302 of the Indian Penal Code and sentenced to suffer life imprisonment and to pay a fine of Rs. 5,000/- and in default to suffer imprisonment for six months.

3. The accusations against the appellant were that on 16-3-1991, at about 9.00 p.m., he had a quarrel with one Surayya in her room in Diwate Chawl at Yashwantnagar, Vita, for having arranged her bed on the floor, instead of the cot in the room. The quarrel lasted for few minutes and half an hour thereafter the neighbours gathered near the said room consequent to the shouts from Sura



















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