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2023 Supreme(Bom) 1592

VIBHA KANKANWADI, ABHAY S. WAGHWASE
Vijay s/o Bubasaheb Kakade – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. A.M. Phule Advocate, Vijay Bubasaheb Kakade present through Video Conferencing.
For the Respondent: Mr. S.D. Ghayal

JUDGMENT :

VIBHA KANKANWADI, J.

1. The appellant takes an exception to challenge his conviction in Sessions Case No.68 of 2015 by the learned Additional Sessions Judge, Osmanabad on 29th November 2017 thereby convicting the appellant for the offence punishable under Section 302, 201 of the Indian Penal Code i.e. for murdering his wife and causing the evidence to disappear with an intention to screen himself.

2. The prosecution case is that one Vaibhav Ashok Patil, who is the nephew of deceased Suman Vijay Kakade lodged First Information Report (for short “FIR”) on 3rd June 2015 with Osmanabad City Police Station vide Crime No. 184 of 2015. He has disclosed that deceased Suman was his paternal aunt, who was married to the accused. Deceased and accused have two sons and one daughter, however, their one son and daughter have expired. Deceased Suman was residing with her husband i.e. accused, son Kiran and his wife, in Hanuman Nagar, Osmanabad. Accused was always raising suspicion over the character of deceased and used to assault her. Whenever Suman used to come to the house of the informant, she used to disclose the said fact to informant and his father (brother of deceased). Informant,

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