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2017 Supreme(Bom) 1992

T.V.NALAWADE, ARUN M.DHAVALE
Govind S/o Maneji Vaidya – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Appellant : Mr. S.S. Choudhari.
For the Respondent: Mr. S.D. Ghayal.

JUDGMENT :

T.V. NALAWADE, J.

1. The appeal is filed against judgment and order of Sessions Case No. 68/2000, which was pending in the court of learned Additional Sessions Judge, Nanded. The Trial Court has convicted and sentenced the appellant for the offence punishable under Section 302 of Indian Penal Code (hereinafter referred to as IPC for short). The sentence of life imprisonment is given to him. Heard both the sides.

2. Deceased Yamunabai was daughter of Begaji Kawane, Resident of Taroda, Tahsil Umarkhed, District Nanded. She was given in marriage to Deoba, real brother of present appellant. The deceased has left behind one daughter Sharayu and son, who is younger to Sharayu. Sharayu was aged about 8 years at the relevant time. The appellant was living in Joint Hindu Family with Deoba and his parents at Bhokar, District Nanded. The charge-sheet was filed against the present appellant, Deoba and parents of appellant for the offences punishable under sections 498-A, 302 r/w 34 of IPC. The present appellant and the other accused are acquitted of the offence punishable under Section 498-A of IPC. In view of these circumstances, the evidence given as against the appellant only and on

























































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