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2022 Supreme(Bom) 373

V.M.DESHPANDE, G.A.SANAP
Deva alias Devendra s/o Ishwar, Gabhane – Appellant
Versus
State of Maharashtra through Police Station Officer – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. S. G. Joshi, Advocate appointed
For the Respondent: Mr. M. K. Pathan, A.P.P.

JUDGMENT

G.A. SANAP, J.

1. In this appeal, challenge is to the judgment and order dated 21.02.2018 passed by learned Additional Sessions Judge, Bhandara in Special (Child) Criminal Case No. 12/2015, whereby, learned Additional Sessions Judge, convicted the appellant for an offence punishable under Section 302, 354D, 241, 504 and 506(II) of the Indian Penal Code. For the offence punishable under Section 302 of the IPC, the appellant is sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs.1,000/-, in default of payment of fine, to suffer rigorous imprisonment for six months. For the remaining offences, sentence ranging from three years to fifteen days was separately awarded with fine and a sentence in default of payment of fine.

2. The facts leading to filing of this appeal are as follows.

The unfortunate deceased is Ku. Shilpa d/o Ramdas Jambhulkar, r/o village Walni, Tq. Dist. Bhandara. On the date of murder, she was studying in 11th standard in Zilla Parishad Junior College, Asangaon. For attending the college, she used to do up and down from her village on bicycle. The college would open at 7.30 a.m. The deceased along with girls of the village would attend the

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