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2020 Supreme(Bom) 773

PRASANNA B.VARALE, PRAKASH D.NAIK
Shaila Vijay Kamble – Appellant
Versus
State Of Maharashtra – Respondent


Advocates Appeared:
Payoshi Roy, Advocate, Khan Abdul Wahab, Advocate, P.P. Shinde, Advocate

JUDGMENT

Prakash D. Naik, J. - The appellant-accused was prosecuted for offences punishable under Sections 302, 307, 392 r/w 397 of Indian Penal Code.

2. The brief facts of the prosecution case are as under :

    (a) On 23rd February 2012 PW-1 Aasan Sukhwani went to office at his regular time at 10 am.. He was residing at Plot No.71, Sarnath Building, Breach Candy along with his wife Punita Sukhwani. At about 12 pm he sent his peon to pick up his lunch box. At 5.30 pm his son Ajay (PW-6) informed him that he has received phone call from his servant Ajit and he told him that noise of quarrel is coming from house of complainant-PW-1;

      (b) Thereafter PW-1 and PW-6 started towards their house. PW-6 called Dr.Shashiprabha Bakre (PW-8) who is residing on 8 th floor of their building and asked her to go and find out what is happening in his flat. PW-8 called Ajay after ten minutes and informed him that Punita Sukhwani is in pool of blood;

        (c) PW-1 and PW-6 reached the flat. The main door was closed. PW-1 entered from the kitchen door. When he entered in the hall he saw flower pot and glass plates in broken condition and pieces of green bangles were lying there. His maid servant was sitting near

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