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2020 Supreme(Bom) 1234

VIBHA KANKANWADI
Asid Amir Jahagirdar – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Joydeep Chatterji.
For the Respondent: A.M. Phule.

JUDGMENT :

VIBHA KANKANWADI, J.

1. Present appeal has been filed by original accused persons, challenging their conviction in Sessions Case No. 190/2011 by learned Assistant Sessions Judge-2, Aurangabad dated 25.1.2016 for the offences punishable under Sections 143, 147, 306, 452, 294, 323, 504, 506, read with 34 of Indian Penal Code. All the appellants are referred to by their nomenclature before trial Court for the sake of convenience.

2. A brief conspectus of the facts relevant to unfold the controversy is as under:

    (a) First Information Report (FIR) has been lodged by one Munifa Shaikh on 18.1.2011 with Paithan MIDC Police Station, wherein she contended that she resides with her husband and children at Balanagar, Tq. Paithan. Original Accused No. 1 resides in the same vicinity and is distantly related to her. She contended that when she had gone to the forest area to pick up fire-wood around 2.00 p.m. on 13.1.2011 and returned at about 4.00 pm, she found original accused No. 3 assaulting nephew of the informant, who is aged 13-14 years, by stick. Said nephew’s parents had gone

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