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2018 Supreme(Bom) 1038

S.S.SHINDE, V.K.JADHAV
Bapu (Nandu) Prabhu Koli @ Raut – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Appellant :Mr. Avishar S. Shelke Advocate
For the Respondent: Mr. K.S. Hoke Patil, A.P.P.

JUDGMENT :

S.S. SHINDE, J.

1. This Appeal is directed against the Judgment and order dated 26th July, 2013, passed by the Sessions Judge, Osmanabad in Sessions Case No.52 of 2012, thereby convicting the accused/Appellant Bapu (Nandu) Prabhu Koli @ Raut for the offence punishable under Section 302 of the Indian Penal Code (for short "I.P. Code") and sentencing him to suffer imprisonment for life and to pay fine of Rs.10,000/-(Rupees Ten Thousand only), and in default of payment of fine, to suffer rigorous imprisonment for a year.

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

(A) Deceased Varsha Bapu Koli was wife of the accused who died on 4th February, 2012. Varsha died due to burn injuries in a civil hospital, Osmanabad. She sustained burn injuries to the extent of 88%, on 24th January, 2012 at 9.30 p.m.

(B) The deceased and accused belong to labour class. Both were doing labour work for daily wages, on a brick kiln. They are having children. One Manoj Ghogare is owner of the brick kiln, which is about 1 K.M. away from Kakramba village. Said Manoj Ghogre appears to have made arrangements for resident of the labourers near the kiln. About 30 hutment like structures of bricks, covered





































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