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2021 Supreme(Bom) 1056

SADHANA S.JADHAV, N.R.BORKAR
Ashok Dhondiram Dhavale – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
Nitin Jadhav, Advocate, P.P. Shinde, Advocate

JUDGMENT

Sadhana S. Jadhav, J. - The Appellant herein is convicted of the offence punishable under section 302 and 201 of Indian Penal Code and is sentenced to suffer for life and fine of Rs.5000/-, in default, simple imprisonment for six months passed by the learned Sessions Judge, Raigad-Alibag vide judgment and order dated 8th June 2018 in Sessions Case No. 96 of 2015. Hence, this appeal.

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

a) Deepali Shinde (P.W.1) daughter of Leelabai and the elder sister of Manisha and Poonam, called upon her mother, Leelabai on 12th February 2015. Her cellphone was switched off and therefore, she called upon her younger sister Manisha. Her mother was residing at Maldev Shedashi, Tal-Pen along with Manisha and Poonam.

b) Upon enquiry, with Manisha she learnt that her mother had gone to visit her brother house 5 days ago. Deepali frantically kept on calling her mother but, to her utter dismay, found her phone switched off and therefore, she called upon her maternal aunt at Kudgiri. Upon enquiry, she learnt that her mother had not visited their house and therefore, she was constrained to enquire with her relatives. The w

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