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2023 Supreme(Bom) 674

ROHIT B. DEO, URMILA JOSHI-PHALKE
Naresh Shriram Uikey – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant : D.V. Chauhan.
For the Respondent: M.J. Khan.

JUDGMENT :

URMILA JOSHI-PHALKE, J.

1. The appellant (the accused) challenges judgment and order of conviction and sentence dated 10.12.2020 rendered by learned Additional Sessions Judge, Gadchiroli in Sessions Case No. 3/2020 whereby the trial court convicted the accused for offence punishable under Section 302 of the Indian Penal Code and sentenced him to suffer imprisonment for life and to pay fine Rs.5000/- and in default of payment of the fine amount to suffer further rigorous imprisonment for three months.

The trial court also convicted the accused for offence punishable under Section 341 of the Indian Penal Code and sentenced him to suffer simple imprisonment for one month and to pay fine Rs.500/- and in default of payment of the fine amount to suffer further simple imprisonment for five days.

The trial court also given the accused set-off under Section 428 of the Code of Criminal Procedure since he was in jail.

2. Facts necessary for disposal of the appeal in a nutshell are as under:

    On 1.10.2019, informant Tanuji Raoji Uikey, the husband of the deceased, lodged report at Kurkheda Police Station, district Gadchiroli on an allegation that his wife Sumitra had been to Mohgaon along

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