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2021 Supreme(Bom) 522

PRASANNA B.VARALE, N.R.BORKAR
Gangubai Kashinath Kamble, Convict No. B-20 – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Veerdhawal Deshmukh
For the Respondent: Ms. S.V. Sonawane, APP

JUDGMENT :

Prasanna B. Varale, J.

1. Being aggrieved by the judgment and order passed by the learned Additional Sessions Judge, Pune, in Sessions Case No. 365/1994, dated 24th February, 1995, whereby Appellant herein (Original Accused) who was convicted for the offences punishable under Sections 302 of the Indian Penal Code (for short “IPC”), and sentenced to suffer imprisonment for life and also to pay fine of Rs. 100/- in default to suffer further R.I. for one year, preferred the present Appeal.

2. The case of prosecution rests on the oral and documentary evidence in the form of five witnesses examined by the prosecution in support of its case and the documents in the form of injury certificate, postmortem report, various panchnamas and CA report. The accused in her defence examined one witness. The prosecution in support of its case heavily relied on two dying declarations.

3. The case of prosecution, in brief, can be summarized as under :

Accused – Appellant was residing with her husband, son Shivshankat at one tenement marked as 9/8 ‘B’ type, Range-Hills, Khadki, Pune. Her husband Kashinath was working as labourer in the Ammunition Factory, Khadki and was receiving a meager salary

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