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2019 Supreme(Bom) 793

Z.A.HAQ, VINAY JOSHI
KAMLABAI HARIBHAU LASTANE – Appellant
Versus
STATE OF MAHARASHTRA – Respondent


Advocates:
Advocate Appeared:
C.A. Babrekar, Adv., T.A. Mirza, Adv.

JUDGMENT :

VINAY JOSHI, J.

1. This criminal appeal has been filed against the judgment and order of conviction dated 17.07.2018 passed the learned Sessions Judge, Amravati in Sessions Case No. 286/2013, whereby, the learned Sessions Judge, convicted appellant/accused - Sau. Kamlabai for the offence punishable under Section 302 of the Indian Penal Code and sentenced her to suffer life imprisonment and to pay fine of Rs. 1000/-, in default to suffer further rigorous imprisonment for three years. The learned Sessions Judge also accorded the benefit of set off in terms of Section 428 of The Code of Criminal Procedure, since appellant was in jail from 25.04.2013 to 16.07.2013.

2. The factual matrix of the case is that the accused (Kamlabai) was mother-in-law of deceased - Sonu. One year preceding the incident, deceased Sonu married with the son of Kamlabai. As usual, after marriage deceased went to reside at her matrimonial house. There was matrimonial dispute due to which deceased and her husband were residing separately from their in-laws in the same house. Separate cooking arrangement was made in the same room. On 24.04.2013 in between 08.00 a.m. to 09.00 a.m., deceased sustained extens





































































































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