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2019 Supreme(Bom) 2517

P.N.DESHMUKH, PUSHPA V.GANEDIWALA
Kishor Shamrao Bhoyar – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mir Nagman Ali, Advocate
For the Respondents: S.D. Sirpurkar, A.P.P.

JUDGMENT :L

P.N. Deshmukh, J.

1. This appeal is preferred against the Judgment passed by learned Additional Sessions Judge-7, Nagpur in Sessions Trial No. 323 of 2014 on 21st July, 2016 by which the appellant is convicted for the offence punishable under Section 302 of the Indian Penal Code and is sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs. 10,000/-, in default to undergo rigorous imprisonment for one year. The appellant is acquitted of the offence punishable under Section 4 r/w. 25 of the Arms Act and under Section 135 of the Bombay Police Act.

2. In brief, it is the case of prosecution that, on the day of incident which has occurred on 5.4.2014, at 9.30 p.m., PW-2 Radhika Arun Kshirsagar, Complainant, sister of deceased, was in her house along with her mother-in-law and sister-in-law when sister namely Dipali Bobhate of landlord of deceased Amol namely Sudhakar Bobhate, by coming to their house, informed that quarrel was going on between the accused and deceased at the adjoining place. Before Complainant Radhika could start to proceed to the place of quarrel, deceased Amol along with PW-4 Guruprasad Maraskolhe and PW-5 Lokesh Nannaware came to the hou

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