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2005 Supreme(Bom) 1706

D.G.DESHPANDE, V.M.KANADE
Ashok Bhaguji Khadke – Appellant
Versus
State of Maharashtra – Respondent


Judgment

D. G. DESHPANDE, J.

( 1 ) HEARD advocate Mrs. Revati Mohite-Dere for the appellant/accused and learned APP Mr. D. R. More for the respondent/state.

( 2 ) THIS appeal is filed by the original accused challenging his conviction under Section 302 of the Indian Penal code by which he was sentenced to suffer life imprisonment and to pay fine of Rs. 1000/- in default to suffer R. I. for three months. He was also convicted under section 182 of the Indian Penal Code and sentenced to suffer R. I. for three months and to pay fine of Rs. 500/- in default to suffer R. I. one month.

( 3 ) SECTION 182 of the Indian Penal Code is regarding giving false information with intent to cause public servant to use his lawful power to the injury of another person.

( 4 ) THE prosecution case, in short, is as under :- the name of deceased is Smt. Damyanti kudale. The accused was paramour of deceased damyanti. He was rickshaw driver whereas deceased Damyanti was perhaps dealing with utensils. There was love affair and illicit relation between them since two years prior to the incident. Couple of days prior to the incident or so the accused had booked a room at samrat Lodge near Pune Railway Station a






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