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2022 Supreme(Bom) 76

S.S.SHINDE, SARANG V.KOTWAL
Sameer Khan – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Aniket Vagal, Advocate
For the Respondent: Mr. S. S. Hulke, APP

JUDGMENT :

Sarang V. Kotwal, J.

1. The Appellant has challenged the Judgment and Order dated 27/11/2014 passed by the Sessions Judge, Raigad, at Alibag in Sessions Case No.20 of 2013. The Appellant was the only accused in that case. The Appellant was convicted for the offence punishable u/s 302 of the Indian Penal Code and was Nesarikar sentenced to suffer imprisonment for life and to pay a fine of Rs.5,000/- and to suffer rigorous imprisonment for one year in default of payment of fine. The Appellant was given set off for the period for which he was in jail during the trial.

2. Heard Mr. Aniket Vagal, learned counsel for the Appellant and Mr. S. S. Hulke, learned APP for the State.

3. The prosecution case is about commission of murder of one Devi Deepak Sarkar @ Deepti Sameer Khan (the deceased in this case) committed by the present Appellant. Both of them were residents of Barvadih, Zarkhand. The Appellant was having a shop for recharging of mobile phones. The deceased used to come to his shop for recharging her phone. Slowly their friendship grew into love affair. Earlier both of them had eloped together. On that occasion they had returned. But again the deceased left her house. The

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