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2021 Supreme(Bom) 1692

V.M.DESHPANDE, AMIT B.BORKAR
WAGHYA ALIAS MANOJ BHAIYALAL UKE – Appellant
Versus
STATE OF MAHARASHTRA – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Amit Band, Ashwin Wasnik.
For the Respondent: Sanjay Doifode.

JUDGMENT :

V.M. Deshpande, J.

1 This appeal is directed against judgment and order of conviction passed by learned Sessions Judge, Wardha dated 9-5-2018 in Sessions Case No. 115/2015. By the impugned judgment, the learned Sessions Judge found both the appellants guilty of committing the offence punishable under Section 302 read with Section 34 of the Indian Penal Code (IPC) and, therefore, directed them to suffer imprisonment for life and to pay a fine amount of Rs. 5,000/- by each of them with default clause.

2. We have heard Mr. Amit Band with Mr. Ashwin Wasnik, learned counsel for appellants and Mr. Sanjay Doifode, learned A.P.P. for respondent-State. Learned counsel for both the appellants argued identically.

3. The main plank of their submission is that Jayshri Waghmare (PW4), who is examined as an eye witness in this prosecution case, is not an eye witness and, in fact, she is planted by the police. Their another submission is that if evidence of Jayshri (PW4) is discarded then there is no evidence to connect the appellant in the crime in question. They are also making a submission that the prosecution has not proved motive for committing murder of Pintu, the deceased. Alternativ

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