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2016 Supreme(Bom) 2027

B.R.GAVAI, V.M.DESHPANDE
Mahendra s/o Parashram Chakate – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Respondent: Mr. N.B. Jawade, Addl. Public Prosecutor

JUDGMENT:

V.M. Deshpande, J.

1. Being aggrieved by the judgment and order of conviction passed by learned Sessions Judge, Gondia, dated 11th of March, 2013, in Sessions Trial No.76 of 2012, by which the appellant was convicted for the offence punishable under Section 302 of the Indian Penal Code and was directed to suffer imprisonment for life and to pay a fine of Rs. 5000/- and in default of payment of fine to undergo rigorous imprisonment for six months, the appellant has preferred the present appeal.

2. The prosecution case in nutshell is as under -

Chambharu Mohan Raut (PW 1) is the father of deceased Maheshwari. Her marriage was solemnized with the appellant in the month of May, 2011. Chambharu lodged his oral report (Exh.9) on 10th of June, 1992 with the Police Station Duggipar of district Gondia. The said report was disclosing a commission of a cognisable offence, hence a Crime was registered vide Crime No.57 of 2012 for the offence punishable under Section 302 of the Indian Penal Code against the appellant.

3. In the report it is stated by the first informant that after marriage deceased Maheshwari started residing with the appellant. They used to reside at Saoner and the appell































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