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2020 Supreme(Bom) 1411

Z.A.HAQ, AMIT B.BORKAR
Ambadas Kisan Gadekar – Appellant
Versus
State Of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant : S. D. Chande
For the Respondent: T.A. Mirza,

JUDGMENT :

AMIT B. BORKAR, J.

Since both these appeals arise out of the same set of facts and common judgment, we are disposing them of by common judgment.

2. Through these two appeals, the appellant in Criminal Appeal No. 6/2017 challenges the judgment and order dated 15-12-2016 passed by the Sessions Judge, Washim in Sessions Case No. 9/2016, whereby the appellant has been convicted and sentenced in the manner stated hereinafter:-

    (i) Under Section 302 of the Indian Penal Code (IPC) to undergo imprisonment for life and to pay a fine of Rs.10,000/, in default to suffer rigorous imprisonment for 6 months.

(ii) Under Section 506 of the IPC to undergo one year rigorous imprisonment and to pay fine of Rs.10,000/-, in default to undergo 3 months rigorous imprisonment.

3. The victim (wife of the deceased) has filed Criminal Appeal No. 142/2017, challenging acquittal of the accused Nos. 2 to 4 for offence punishable under Section 302 of the IPC.

4. Shortly stated the prosecution case runs as under:- The deceased Ramrao Rathod and the accused are resident of Village Jaipur, Taluka and Dist. Washim. The accused were being prosecuted in other criminal case on the information of deceased-Ramrao. O

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