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2022 Supreme(Bom) 806

MILIND N.JADHAV, A.S.GADKARI
Sheshmani Magdum Pal – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioner: Mr. Yashpal M. Thakur.
For the Respondent: Mr. Ajay Patil.

JUDGMENT :

Milind N. Jadhav, J.

1. This Appeal questions the legality of Judgment and Order dated 27th March 2015 passed by the learned Additional Sessions Judge – 4, District Nashik in Sessions Case No. 142 of 2012, convicting Appellant (original accused) under Section 235(2) of the Code of Criminal Procedure (for short “Cr.P.C.") for offences punishable under Section 302 read with 201 of the Indian Penal Code (for short “IPC”) and sentencing him to suffer rigorous imprisonment for life for committing the murder of his wife Sangita and two minor sons Shiva (2½ years) and Chotu (7 months) and to destroy evidence and cause disappearance of their murder by throwing/disposing their dead bodies in the banks of Godavari river and Padolmala canal.

2. Prosecution case is based on circumstantial evidence. The gist of the prosecution facts which emerge for consideration are as under:-

2.1. Appellant and deceased were married on 22.04.2009. After marriage, Sangita went to stay with Appellant at Nashik but Appellant sent her back to Bisapur (U.P.). Appellant meted ill-treatment to Sangita hence, PW-9 Amitkumar Jayaprasad Pal, brother of deceased Sangita lodged complaint against Appellant about i

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