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2023 Supreme(Bom) 66

ROHIT B. DEO, URMILA JOSHI-PHALKE
Gopalrao Dnyanobaji Borkar – Appellant
Versus
State of Maharashtra, through P. S. O. Tiosa – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Shri R.M. Patwardhan, Advocate (appointed) Advocate
For the Respondent: Shri M.K. Pathan, Additional Public Prosecutor

JUDGMENT :

Urmila Joshi-Phalke, J.

Heard finally with the consent of learned Counsel for the parties.

2. By this appeal, the appellant (hereinafter referred as ‘accused’) has challenged the judgment and order of sentence passed by the Additional Sessions Judge-3, Amravati on 29/04/2019 in Sessions Case No.178/2016 whereby the accused is convicted of the offence punishable under Section 302 of the Indian Penal Code (hereinafter referred to as ‘the IPC’ for short) and is sentenced to suffer imprisonment for life and fine of Rs.1000/-in default, further imprisonment of one month.

3. From the material on record, case of the prosecution unfolds as under :

    A] On 17/09/2016, informant – Aruna Gopal Borkar mother of the deceased has lodged report at police station Tiosa alleging that the present accused Gopalrao Dnyanobaji Borkar is her husband and she is having two sons namely Shailesh and Dhananjay respectively. They are possessing agricultural land at Shendurjana Ghat. Her husband is addicted to liquor and her son deceased Shailesh was not doing any work as well as not assisting any agricultural operations. Therefore, there used to be quarrel between her husband Gopal and her son Shailesh. O

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