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2019 Supreme(Bom) 1252

T.V.NALAWADE, K.K.SONAWANE
Bapu @ Chhotu Namdeo More – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Smt. R.R. Mane, Advocate
For the Respondent: Smt. V.N. Patil-Jadhav, Additional Public Prosecutor

JUDGMENT :

T.V. NALAWADE, J.

1. The appeal is filed against the judgment and order of Sessions Case No.131/2014 which was pending in the Court of learned Additional Sessions Judge, Jalgaon. The trial court has convicted the present appellant of the offence punishable under section 302 of Indian Penal Code. Sentence of imprisonment for life is given. Both the sides are heard.

2. In short, the facts leading to the institution of the appeal can be stated as follows :-

The deceased Prashant @ Sopan was a son of informant Prakash Nikam. They are residents of village Pilkhod, Tahsil Chalisgaon, District Jalgaon. The accused is also resident of the same village.

3. On 12-3-2014 Sopan left home at 10.00 p.m. by saying that he was proceeding to the field to supply fodder to the cattle which were kept in the field. On the night between 12-3-2014 and 13-3-2014 Sopan did not return to home. The informant was sleeping in the workshop and at about 2.00 a.m. Sitaram Talware came there and informed that there was quarrel between Sopan and present appellant Bapu @ Chhotu and during quarrel Chhotu had run after Sopan with iron bar and Sopan had run towards the field. Due to this information and as Sopan

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