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2020 Supreme(Bom) 1401

Z.A.HAQ, AMIT B.BORKAR
Pratibha W/o Ganesh Pande – Appellant
Versus
State Of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Nihal Dharmadhikari holding for Ms. Ritu P. Jog
For the Respondent: S. S. Doifode, A.P.P.

JUDGMENT :

AMIT B. BORKAR, J. :

Through this appeal, the appellant challenges the judgment and order dated 28-8-2019, passed by the Additional Sessions Judge, Khamgaon in Sessions Case No. 96/2016 convicting and sentencing her in the manner stated hereinafter:—

Under section 302 of the Indian Penal Code, 1860, to suffer imprisonment for life and to pay a fine of Rs.1000/-, in default to undergo three month's simple imprisonment.

2. In short, the prosecution case runs as under:—

One Shewantabai Shankar Pande was residing at village Gadegaon Khurd. Her husband Shankar died in the year 2006. She had three sons namely Ramesh, Ganesh and Vilas. Ramesh is residing along with his family at village Korala Pimpri, Tq. Malkapur. Other sons Ganesh and Vilas were staying along with Shewanta. Ganesh married to this accused before about 11 years. Out of the wedlock, they had begotten one son and one daughter. The younger son of Shewanta namely Vilas is mentally ill. He is bachelor and used to be at home. Ganesh is cultivating some land at village Lohara, Tq. Shegaon as a partner in cultivation.

3. On 9-9-2016 at about 3.00 p.m., Pandurang Mahadeo Pande, the cousin brotherinlaw of Shewanta came back to

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