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2020 Supreme(Bom) 1343

PRASANNA B.VARALE, V.G.BISHT
Somnath Virbhadrayya Vijapure – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Appellant :Payoshi Roy i/b. Dr. Yug Mohit Chaudhary, Advocates.
For the Respondent: V.B. Konde-Deshmukh, APP.

JUDGMENT :-

V.G. Bisht, J.

1. The appellant-original accused has preferred this appeal under Section 374 of the Code of Criminal Procedure, 1973 (for short, “the Cr.PC”) challenging the judgment and order of conviction and sentence passed by learned Sessions Judge, Solapur in Sessions Case No. 169 of 2013 dated 15th March, 2014 by which the trial Court convicted the appellant/ original accused for the offence punishable under Section 302 of the Indian Penal Code, 1860 (for short, “the IPC”) and sentenced him life imprisonment with a fine of Rs. 10,000/- and in default to deposit the amount of fine, ordered to undergo further rigorous imprisonment for a period of six months. The trial Court was, however, pleased to acquit the appellant-original accused of the offences punishable under Sections 504 and 506 of the IPC.

2. Briefly stated the prosecution case is that, on 30th January, 2013 at about 9.30 a.m., Bhalchandra Somshekhar Jawalkoti i.e., informant (PW-1), while standing in front of hotel of one Girmal Pomaji of village Wagdari, one Raghuveer Nanjude (PW-2) came and informed that on the same day at about 9.15 a.m., he and informant’s father, namely, Somshekhar Jawalkoti (deceased)

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