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2013 Supreme(Bom) 480

P.V.HARDAS, ABHAY M.THIPSAY
Nafis Taufiq Shaikh – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
For the Appellant:Ms. Rohini M. Dandekar (appointed), Advocate.
For the Respondent: H.J. Dedia, APP.

Judgment

Abhay M. Thipsay, J.

1. The appellant was prosecuted on the allegation of having committed an offence punishable under Section 302 of the Indian Penal Code (IPC). The learned 5th Ad-hoc Additional Sessions Judge, Pune, after holding a trial found him guilty of an offence punishable under Section 302 of the IPC, and sentenced him to suffer imprisonment for life. Being aggrieved by his conviction and the sentence imposed upon him, the appellant has approached this court by filing the present appeal.

2. The prosecution case before the trial court was as follows:

TaufiqShaikh (PW2) was residing with his first wife and children in a village in District Fatehpur, State of Uttar Pradesh. The appellant is the son of Taufiq Shaikh from his first wife. Taufiq then came to reside at Vadgaon, Maval, in Pune District. He then contracted a second marriage with Parveen (the deceased) and started residing with her at Vadgaon, Maval. Parveen had given birth to a son – by name Salim – from Taufiq. The appellant had started visiting Vadgaon, Maval, since about three – four years before the incident that took place on 10.9.2002. The appellant had not liked that his father Taufiq had performed
























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