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2020 Supreme(Bom) 901

RAVINDRA V.GHUGE, B.U.DEBADWAR
Rupesh Radhakisan Chaudhari – Appellant
Versus
State Of Maharashtra – Respondent


Advocates Appeared:
V.D. Sapkal, Advocate, P.S. Dikle, Advocate, S.R. Sapkal, Advocate, K.S. Patil, Advocate

JUDGMENT

Ravindra V. Ghuge, J. - The appellant (Rupesh), original accused No.1 in Sessions Case No. 149 of 2011, is aggrieved by the judgment and order dated 25.09.2014, delivered by the learned Additional Sessions Judge, Ahmednagar, thereby convicting the appellant for the offence of murdering his wife u/s 302 of the INDIAN PENAL CODE (hereinafter referred to as "IPC"). Accused No.2 (Deepak A. Varpe) has been acquitted.

2. We have heard Shri. V.D. Sapkal, learned Senior Advocate on behalf of the appellant and the learned APP for the State, extensively on 18.09.2020, 19.09.2020 and 21.09.2020. With their assistance, we have been taken through the R&P, threadbare. The testimony of the witnesses has been read out to us, elaborately.

3. This case is wholly based on circumstantial evidence and a motive for the appellant to kill his wife.

    PROSECUTION STORY

4. The prosecution has putforth the following case:-

    a] Latabai Jawale, mother of the deceased Jaishree w/o Rupesh Chaudhari, has lodged a complaint on 08.04.2011 with the Rahuri Police Station vide Crime No. 109/2011 alleging that Jaishree has been murdered by an unknown person.

    b] Pursuant to the FIR, the police launched an investi

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