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2018 Supreme(Bom) 1436

S.S.SHINDE, V.K.JADHAV
Baban S/o Padavi Pawara – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioners:Mr. P.P. Khandagale Patil Advocate
For the Respondents: Mr. Y.G. Gujrathi, A.P.P.

JUDGMENT :

S.S. SHINDE, J.

1. This Appeal is directed against the Judgment and order dated 7th September, 2013, passed by the Additional Sessions Judge, Dhule in Sessions Case No.76 of 2012, thereby convicting the accused/Appellant Baban Padavi Pawara for the offence punishable under Section 302 of the Indian Penal Code (for short "I.P. Code") and sentencing him to suffer rigorous imprisonment for life and to pay fine of Rs.2,000/- ( Rupees Two Thousand), and in default of payment of fine, to suffer simple imprisonment for four months.

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

(A) The incident has occurred on 31st December, 2011, at about 10.00 p.m. to 11.00 p.m. in the house of the accused, situated in Shashtri Nagar, Boradi, Tq Shirpur. The accused is the husband of deceased Kavita. The accused was residing with his wife in the house. Arti is the daughter of accused, who was also residing along with accused. Eight to ten days prior to the incident, the accused went at Nandurbar for doing mason work. However, he accused came back at his house on Friday at about 3.00 p.m., under the influence of alcohol. During the night hours, the accused had demanded money from his wife for con



























































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