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2023 Supreme(Bom) 1589

VIBHA KANKANWADI, ABHAY S. WAGHWASE
Satish Bansi Lagad – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. V. D. Sapkal, Senior Counsel i/by Mr. S. R. Sapkal, Advocate
For the Respondent: Mr. S. D. Ghayal,

JUDGMENT :

ABHAY S. WAGHWASE, J.

1. This appeal takes exception to the judgment and order of conviction passed by learned Sessions Judge, Ahmednagar dated 12-06-2017 in Sessions Case No.148 of 2015 by which present appellants are held guilty for offence under Sections 302 and 324 read with 34 of the Indian Penal Code (IPC) and thereby sentenced to suffer imprisonment for life and simple imprisonment for six months for each of the offences respectively.

Story of Prosecution unfolded is as under :

2. Deceased Dattatraya was working as Ward Boy in Bagirathi Hospital, Ahmednagar whereas his parents stayed at Aathawad, Taluka and District Ahmednagar and his married sisters stayed at Ahmednagar. He used to visit his parents on holidays. Accused were their neighbours. There was love affair between daughter of accused no.2 and deceased Dattatraya. In a marriage of one of the brothers of accused no.1 namely Santosh, Deceased Dattatraya had declared his intention to perform marriage with Sangita. Accused were upset since then and two months prior to the incident in question, they had visited house of informant i.e. father of deceased Dattatraya and had issued threats to kill Dattatraya if he per

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