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2021 Supreme(Bom) 3

RAVINDRA V.GHUGE, B.U.DEBADWAR
Samadhan – Appellant
Versus
State of Maharashtra (At the instance of CIDCO Police Station, Aurangabad. ) – Respondent


Advocates:
Advocate Appeared:
For the Appellant :A.K. Bhosale, Advocate.
For the Respondent: R.B. Bagul, APP.

JUDGMENT :

B.U. DEBADWAR, J.

1. This is an appeal against judgment and order dated 10-03-2014 passed by the learned Additional Sessions Judge–2, Aurangabad, in Sessions Case No. 380 of 2009, whereby convicted the appellant under Section 235(2) of Code of Criminal Procedure, 1973 (hereinafter referred to as ‘Cr.P.C.’), for the offences punishable under Sections 302 and 324 of the Indian Penal Code (hereinafter referred to as ‘I.P.C.’) and sentenced him to suffer rigorous imprisonment for life and fine of Rs.5,000/- (Rupees Five Thousand Only), in default in payment of fine further rigorous imprisonment for six months and rigorous imprisonment for one year and to pay fine of Rs.1,000/- (Rupees One thousand Only), in default of payment of fine further rigorous imprisonment of one year, respectively.

2. Case of the prosecution in brief is as under:

    (a) Bhagwan Shyamrao Misal was elder brother of deceased Rajesh @ Raju Shyamrao Misal. They both used to reside at Misarwadi, Lane No.3, Aurangabad, with their families.

(b) Mandabai w/o Bhagwan Misal (PW1), Gautam s/o Bhagwan Misal (PW4), Sandeep s/o Bhagwan Misal (PW5) and Rahul s/o Bhagwan Misal (PW6) are the wife and sons of Bhagwan Shyamrao

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