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2022 Supreme(Bom) 226

SAMBHAJI SHIWAJI SHINDE, N.R.BORKAR
Mangesh Arjun Bhosale – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Harshad Sathe, Advocate, Ankita Pawar and Janaki Ravi
For the Respondent: S.S. Hulke, APP

JUDGMENT :

N.R. Borkar, J.

1. All these appeals are filed against one and the same judgment and order dated 12.08.2015 passed by the Ad-hoc Additional Sessions Judge, City Civil and Sessions Court at Mumbai in Sessions Case No. 233 of 2014. All these appeals were therefore, heard together and they are being disposed of by this common judgment.

2. The appellants were accused Nos. 1 to 3 before the trial court. By the impugned judgment and order, the trial court convicted them for the offences punishable under sections 302 and 506 (ii) read with 34 of the Indian Penal Code (for short 'IPC') and awarded life imprisonment and rigorous imprisonment for three months respectively.

3. The deceased Kamal Hanumant Mane was the mother of accused No. 3 Naina. At the relevant time, the deceased was residing at Mankhurd with accused No. 3, accused No. 2 Atul, who is the husband of accused No. 3 and son of accused No. 3 namely Aakash from her first husband.

4. The incident took place in the intervening night of 29.09.2013 and 30.09.2013. According to the prosecution, there was dispute between the deceased and accused No. 3 in relation to the ownership of the house in which they were residing. It is al

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