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2023 Supreme(Bom) 3

VIBHA KANKANWADI, ABHAY S. WAGHWASE
Jaikisan s/o Kashinath Dhamdhere – Appellant
Versus
State of Maharashtra, through the Azad Nagar Police Station, Dhule, Taluka and District : Dhule – Respondent


Advocates Appeared:
For the Appellant : Mr. Govind Kulkarni, h/f Mr. Devang R. Deshmukh.
For the Respondent: Mrs. P.V. Diggikar.

JUDGMENT :

(Abhay S. Waghwase, J.) :

1. By invoking Section 374 of the Code of Criminal Procedure (Cr.P.C.), the appellant is questioning the legality and maintainability of finding of his guilt and conviction recorded by learned Additional Sessions Judge, Dhule in Sessions Case No. 191 of 2014 vide judgment and order dated 28.07.2015 by which, he is awarded imprisonment for life and to pay fine of Rs.5,000/- for commission of offence punishable under Section 302 of the Indian Penal Code (IPC) and rigorous imprisonment for 10 years with fine of Rs.5,000/- for commission of offence punishable under Section 307 of IPC.

2. THE SUBSTRATUM OF PROSECUTION CASE IS AS UNDER :

Deceased Janki @ Sarita was married to PW9 Pankaj and they had children out of their wedlock. They both were manufacturing incense sticks in their house and PW9 used to go for marketing and sell the same on his handcart. Deceased Janki @ Sarita had developed illicit relations with accused Jaikisan. In spite of objection by PW9, deceased Janki continued her said relations with accused.

On 04.09.2014, as usual, PW9 left for his so-called business and went to Gindodia Chowk, Rachana Hall, Dhule. Around 8.00 p.m., his mother

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