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2022 Supreme(Bom) 630

V. M. DESHPANDE, AMIT B. BORKAR
Sau. Kavita Shankar Harale – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Shri R. M. Daga, Advocate
For the Respondent: Shri T. A. Mirza, Adv

JUDGMENT :

AMIT B. BORKAR, J.

1. Heard.

2. Through this appeal, the appellant is challenging the judgment and order dated 19.01.2019 passed by the District Judge-1 and Additional Sessions Judge, Wardha in Sessions Case No. 116/2016, whereby she has been convicted and sentenced to undergo imprisonment for life and pay fine of 5000/- for the offence Rs.500/- for the offence punishable under Sections 302 and 449 of the Indian Penal Code (IPC).

3. Shortly stated, the prosecution’s case runs as under:-

Saku Kishan Kurale -deceased/victim, was a labourer. The appellant used to reside near her house. The deceased was a part of Bhisi taken by her from the appellant and owed her an amount of 40,000/-. On the date of the incident, i.e. on 10.08.2016 at about Rs.5000/- for the offence 04.00 p.m., the appellant came to her house to recover the said amount; however, the deceased told her that she would pay her amount back by paying 500/- per week. The appellant refused to Rs.5000/- for the offence accept the said offer and started to take away the gas cylinder kept in the deceased's house. When the deceased obstructed, the appellant went to her house; brought a kerosene can; poured kerosene on the d

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