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2018 Supreme(Bom) 2165

I.MAHANTY, V.K.JADHAV
Sunita Suresh Gaikwad – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Appellant : U.R. Agandsurve, Adv.
For the Respondents: H.J. Dedhia, A.P.P.

JUDGMENT :

V.K. Jadhav, J.

1. This is an Appeal against conviction preferred by the sole accused. Appellant Original Accused was convicted by the 3rd Additional Sessions Judge, Solapur, by judgment and order of conviction dated 15.03.1999 in Sessions Case No. 52 of 1998 u/s. 302 of I.P.C. and sentenced to suffer R.I. for imprisonment of life.

2. Brief facts of the prosecution case are as follows:-

Deceased Noorjahan got married with Saifan Nadaf about ten years back prior to the incident. She was residing with her 2019 ALL MR (Cri) - Oct. children at Solapur. She was doing the tailoring business and her husband was also doing the same business. Her husband Saifan Nadaf had illicit sexual relations with the Appellant-Accused and Appellant-Accused was a keep of Saifan Nadaf. Saifan Nadaf was serving in the office of Municipal Corporation, Solapur, as a clerk. Later on, he left the service and started residing with the Appellant-Accused. Sometimes he used to visit the house of deceased Noorjahan. However, since one month prior to the incident, Saifan Nadaf did not turn up to the house of deceased Noorjahan. Deceased Noorjahan was also in need of money thus, she went to the house of the Ap

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