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2020 Supreme(Bom) 1417

PRASANNA B.VARALE, PRAKASH D.NAIK
Shashikumar Ramswami Harijan – Appellant
Versus
State Of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Ms. Payoshi Roy instructed by Khan Abdul Wahab
For the Respondent: Mrs. P.P. Shinde, Adv

JUDGMENT :

PRAKASH D. NAIK, J.

This appeal is preferred under Section 374 of Code of Criminal Procedure challenging the Judgment and order dated 25th June, 2013 passed by the learned Additional Sessions Judge, Gr. Bombay in Sessions Case No.39 of 2012 convicting the appellants for offence punishable under Section 302 r/w Section 34 of Indian Penal Code (for short “IPC”) and sentencing them to suffer rigorous imprisonment for life and to pay fine of Rs.10,000/each.

2. The brief facts of the prosecution case which led to the trial are as follows :-

    a) Complainant Smt. Aadilaxmi Sudhakar Reddy was residing with her husband deceased Sudhakar, two daughters and one son at Unit No.31, Ekta Vikas Mandal, Aarey Milk Colony, Slum, Goregaon, (E), Mumbai. Accused No.1 to 4 were also residing in the same area near the house of the complainant. The husband of complainant was dealing with transporting soil.

b) Accused were also dealing in similar business and there were strained relations between the accused and the complainant. In the month of September, 2011 there was quarrel between the complainant’s husband and accused No.2 to 4. Complaint was lodged against the accused at Aarey Police Station. I

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