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2018 Supreme(Bom) 1666

S.B.SHUKRE, S.M.MODAK
Huma Ali S/o Yunus Ali – Appellant
Versus
State of Maharashtra, through Police Station Officer, Korpana – Respondent


Advocates Appeared:
For the Appellant : Mr. R.K. Tiwari.
For the Respondent: Mr. N.B. Jawade.

JUDGMENT :

S.M. MODAK, J.

1. Four convicted accused persons have assailed before us the judgment dated 3rd April, 2014 delivered by Additional Sessions Judge, Chandrapur, in Sessions Case No. 36 of 2013. All are convicted of the offences punishable under Sections 364, 302, 201 read with Section 120-B of Indian Penal Code.

2. There was a love affair in between Lalita (appellant in Criminal Appeal No. 498 of 2014) and Sardar Khan Pathan (appellant in Criminal Appeal No. 295 of 2014) Shri Ashok Walkondawar, being the husband of appellant, Lalita, was coming in their way. For eliminating him, appellants, Lalita and Sardar Khan, hatched a criminal conspiracy and they took the help of Huma Ali Yunus Ali (appellant in Criminal Appeal No. 260 of 2014). He offered his “Indica” Car for travelling, whereas Vinod Kerbaji Kurode (appellant in Criminal Appeal No. 308 of 2014) rendered his services as a driver. Appellant, Lalita, used to narrate her ill-treatment at the hands of deceased Ashok to her paramour – appellant, Sardar Khan.

3. In pursuance to that conspiracy, appellant, Lalita, brought her deceased husband, Ashok, to Kathoda Phata, and there all the three appellants also came. All the thre







































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