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2019 Supreme(Bom) 957

S.S.SHINDE, R.G.AVACHAT
Niwas – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant :N.B. Khandare, Advocate
For the Respondents: A.B. Girase, Public Prosecutor

JUDGMENT :

R.G. Avachat, J.

1. The challenge in this appeal is to the judgment and order dated 22.11.2013 passed by learned Additional Sessions Judge, Ambajogai, in Sessions Case No. 25 of 2008. By the impugned judgment and order, the appellant herein has been convicted for the offence punishable under Section 302 r/w. Section 34 of the Indian Penal Code ("I.P.C.", for short) and sentenced to suffer life imprisonment and to pay a fine of Rs. 2,000/-. In default of payment of fine, he has been directed to undergo rigorous imprisonment for two months.

Two more persons were charged and prosecuted along with the appellant herein for the same offence. Both of them have been acquitted. The State has not preferred appeal against their acquittal. In fact, one more accused was there. Since he was found to be a juvenile in conflict with law, has been dealt with by the Juvenile Justice Board.

2. The facts, in brief, giving rise to the present appeal are as follows:-

Poonam (deceased) was a 16 year old girl studying in Class 10th. She hailed from village Sabla, Tq. Kaij, Dist. Beed. She had, however, been staying at her maternal grand-parents' home at village Kalegaon for schooling. She did not hav

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