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2022 Supreme(Bom) 1279

V.K.JADHAV, SANDIPKUMAR C.MORE
Santosh Dattu Pawar – Appellant
Versus
State Of Maharashtra – Respondent


Advocates appeared:
N.S.Ghanekar, Advocate S.D.Ghayal, Advocate

JUDGMENT

1. This is an appeal by the appellants who are the original accused, against the judgment and order passed in Sessions Case No. 58/2013 dtd. 18/4/2014 by the learned Additional Sessions Judge, Kopargaon (hereinafter referred to as the "trial Court "). Under the impugned judgment, both the appellants have been convicted for the offence punishable under Sec. 302 read with Sec. 34 of the Indian Penal Code (for short "I.P.C. "). Accordingly both of them are sentenced to suffer imprisonment for life each and to pay fne of Rs.5,000.00 each, in default to suffer rigorous imprisonment for one year each.

2. The appellants - accused are in jail since their arrest made on 1/4/2013 in this crime.

3. The story of the prosecution, in nutshell, is as under :

    Appellant No. 2 Dattu is the father of appellant No.1 Santosh and both of them used to reside in the locality behind Mayureshwar Ganpati Temple at Kopargaon. One Vilas Balkrishna Bhoir i.e. the deceased in this case alongwith his son Ganesh i.e. another deceased in this case, used to reside in the same locality as that of the appellants. The houses of the appellants and deceased persons were near to each other. The appellants always u

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