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2014 Supreme(Bom) 517

B.R.GAVAI, A.S.CHANDURKAR
Kisan – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant:A.M. Kukade, Advocate.
For the Respondent: M.K. Pathan, Additional Public Prosecutor.

Oral Judgment: (B.R. Gavai, J.) :

1) The appellant has preferred this appeal being aggrieved by the judgment and order dated 6/4/2010 passed by the learned Sessions Judge, Bhandara in Sessions Trial No. 57/2008, thereby convicting the appellant for the offence punishable under Section 302 of Indian Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Rs.500/-, in default to suffer further rigorous imprisonment for 15 days.

2) The prosecution case, in brief, is as under:

Accused Kisan and deceased Ramratan were residents of village Chandpur. Their houses were situated at the distance of about 200 feet from each other. Prior to occurrence of the incident, there was a Gram Panchayat election. Deceased Ramratan was supporting Munna Raut and Ranjana Raut whereas accused was supporting Jaswant Hinge and Benubai Lanje. During the course of election, quarrel took place between accused and deceased Ramratan. At that time, accused had given a threat to deceased Ramratan.

3) On 16/4/2008, at about 10.30 a.m., deceased Ramratan was standing in front of house of Jaswantabai Sahare. At that time, accused came near deceased Ramratan and inflicted injuries by iron c

























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