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2023 Supreme(Bom) 2

VIBHA KANKANWADI, ABHAY S. WAGHWASE
Kailas s/o Sopan Jade – Appellant
Versus
State of Maharashtra Through Police Station, Parola, Tq. Parola, District Jalgaon – Respondent


Advocates Appeared:
For the Appellant : Mr. H.P. Randhir h/f. Mr. N. L. Choudhari.
For the Respondent: Mrs. P.V. Diggikar.

JUDGMENT :

(Abhay S. Waghwase, J.) :

1. Aggrieved by the Judgment and order passed by the learned Additional Sessions Judge, Amalner in Sessions Case No.44 of 2014 dated 12-10-2015, thereby convicting appellant accused for commission of offence under Sections 302, 307 and 452 of Indian Penal Code (IPC) and sentencing him for life imprisonment and to pay fine, provisions under Section 378 of Code of Criminal Procedure (Cr.P. C.) are pressed into service by the appellant, praying to quash and set aside the impugned judgment and order.

STORY OF PROSECUTION IN BRIEF

2. Deceased Kalpana and PW2 Sunandabai are real sisters. Daughter of Kalpana was married to brother of accused namely Namdeo. There was marital discord. On 03-06-2014, PW3 Vishakha, her mother-in-law deceased Kalpana, maternal mother-in-law Sunandabai, sister-in- law Dhanashre and one Aishwarya were available in the house i.e. of PW3 Vishakha.

On 03-06-2014 around 11:15 a.m. when all above incumbents of the house were watching television, an unknown person falling in the age group of 25 to 30 years entered the house. Initially, he slapped Kalpana and thereafter, whisked out knife and gave several blows on her person and when S

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