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2023 Supreme(Bom) 240

ROHIT B. DEO, URMILA JOSHI-PHALKE
Sanjay S/o. Ashok Suradkar – Appellant
Versus
State of Maharashtra, Through P. O. Dhad, Buldhana – Respondent


Advocates Appeared:
For the Appellants : Shri R.M. Daga, Counsel.
For the Respondent: Shri T.A. Mirza, Additional Public Prosecutor.

JUDGMENT :

Urmila Joshi-Phalke, J.

1. By this appeal, appellants (the accused persons) challenge judgment and order of conviction and sentence dated 31.8.2019 passed by learned Additional Sessions Judge, Buldana in Sessions Case No.77/2016.

2. By the said impugned judgment and order, the trial court convicted the accused persons for offence punishable under Section 302 read with Section 34 of the Indian Penal Code and sentenced them to suffer imprisonment for life and to pay fine, as under :

Accused No.1 to pay fine Rs.3000/- and in default to suffer simple imprisonment for three months.

Accused No.2 to pay fine Rs.2000 and in default to suffer simple imprisonment for two months.

Accused Nos.3 and 4 to pay fine Rs.1000/- by each of them and in default to suffer simple imprisonment for one month by each of them.

3. The case of the prosecution in a nutshell is as under:

Accused No.1 Sanjay and Ganesh (deceased) are real brothers. Accused No.2 Manisha is the wife of accused No.1, accused No.3 Banti is the nephew of accused No.1, and accused No.4 Manglabai is the sister of accused No.2. The accused persons and the deceased were residing in the same house separately. On 12.5.2016, at about 4:00

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