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2021 Supreme(Bom) 934

SADHANA S.JADHAV, N.R.BORKAR
Allwyn Liguroy Furtado – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
Ganesh Nadar, Advocate, S.V. Marwadi, Advocate, P.P. Shinde, Advocate

JUDGMENT

Sadhana S. Jadhav, J. - The appellant herein impugns the judgment and order dated 9th December 1997 passed by the Additional Sessions Judge, Greater Bombay in Sessions Case No. 465 of 1995, wherein the accused stands convicted for the offences punishable under section 302 and 201 of Indian Penal Code and sentenced to suffer imprisonment for life.

2. Such of the facts necessary for the decision of this appeal are as follows:-

a) That the accused is the only son of the deceased Leena. The deceased Leena along with the accused was initially residing at Bahrain. Her husband had expired 10 to 12 years prior to the date of incident. She had then returned to India. That she was residing in room no. B/6 at U.P. Nagar Building, Khar, Mumbai. Her son Alwynn i.e. the present appellant returned from Bahrain, he was initially residing along with his grandmother and thereafter he started residing with his mother at the given address. There was perpetual friction between the accused and the deceased. That on 16th December 1994 at about 9.30 a.m. to 10.00 a.m. Leena was found dead in her house. One of the resident of the said building namely PW.2-Lalit Navratan MalBed had noticed that there

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