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2013 Supreme(Bom) 634

ABHAY M.THIPSAY
Ashpak Malik Nadaf – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
Miss RADHIKA KAMAT i/b. Mr. S.Y. MARWADI Advocate for the Appellant.
Ms. R.M. GADHAVI APP for the State.

JUDGMENT :-

This appeal is directed against the judgment and order delivered by the Additional Sessions Judge, Kolhapur, in Sessions Case no.2 of 1996 before him convicting the appellant, who was the sole accused in the said case, of an offence punishable under Section 307 of the Indian Penal Code (IPC), and sentencing him to suffer Rigorous Imprisonment for Five years and to pay a fine of Rs. 1,000/-, in default, to suffer Rigorous Imprisonment for One month.

2. The facts of the prosecution case, in brief, can be stated as under:

One Janabai Susware was working as a nurse in the Rural hospital, Dattawad. She had taken one room on rent in the house of one Malik Nadaf - father of the appellant. This room was situated close to Rural hospital i.e. within the distance of about 500 feet. That. on 14.8.1995, Janabai had to go for duty at 2.00 p.m. A few minutes prior to 2.00 p.m. the appellant entered in her room and questioned her as to what she had told to his father. Janabai told him that she had not told anything (about the appellant) to his father, and that he could inquire with his father. Saying so, she went out of the room, and informed the appellant's father about the incident. She
























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