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2023 Supreme(Bom) 89

ROHIT B. DEO, URMILA JOSHI-PHALKE
Laxman Pandurang Pawar – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant : R.M. Patwardhan.
For the Respondent: M.K. Pathan.

JUDGMENT :

URMILA JOSHI-PHALKE, J.

1. By this appeal, the appellant (accused) challenges judgment and order of conviction dated 25.4.2019 passed by learned Sessions Judge, Yavatmal in Sessions Trial No. 39/2018 whereby learned Judge convicted him for offences punishable under Sections 449 and 302 of the Indian Penal Code.

For offence punishable under Section 449 of the Indian Penal Code, he was sentenced to suffer rigorous imprisonment for ten years and to pay fine Rs. 500/- and in default of payment of the fine amount to suffer rigorous imprisonment for three months.

For offence punishable under Section 302 of the Indian Penal Code, he is sentenced to suffer rigorous imprisonment for life and to pay fine Rs. 500/- and in default of payment of the fine amount to suffer rigorous imprisonment for three months.

Learned Judge below directed that all sentences of the accused shall run concurrently and also set-off under Section 428 of the Code of Criminal Procedure was given to him since he was in jail.

2. Brief facts leading to the prosecution case are summarized as follows:

    Chhaya Kisan Pawar, who is informant and wife of deceased Kisan Pawar, has lodged a report with Ghatanji Police Station

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