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2021 Supreme(Bom) 31

SADHANA S.JADHAV, N.R.BORKAR
Chetan Dashrath Gade – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. V.B. Shivarkar, Advocate
For the Respondent: Ms. P.P. Shinde, APP

JUDGMENT :

Sadhana S. Jadhav, J.

1. The present appeal seeks to challenge the impugned judgment and order dated 30th November 2018 passed by the Additional Sessions Judge, Nashik in Sessions Case No.355 of 2015 thereby convicting the appellants for the offences punishable under sections 302, 201 r/w 34 of Indian Penal Code and sentencing them to suffer life imprisonment and to pay fine of Rs.1,000/-each, in default, to suffer two months simple imprisonment.

2. The case of the prosecution is as under : . That, Rupali – daughter of Babasaheb Kumbharkar (P.W.1) got married to the present appellant no.1-accused no.1 on 24th April 2012. That, she was living in her matrimonial home along with her husband, her in-laws and the appellant no.2 – accused no.3 (younger brother of accused no.1). In November 2012, she had conceived pregnancy. Unfortunately, on 28th June 2013, there was intrauterine death of the fetus due to lack of blood supply as has been disclosed by P.W.3 – Dr. Sunil Jadhav. In March 2015, she had given birth to a baby boy in a private hospital at Pimpalgaon, Baswant.

3. On 23rd August 2015, father of the deceased Rupali i.e. P.W.1 had called upon her father-in-law Dashrath and i

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