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2023 Supreme(Bom) 1593

VIBHA KANKANWADI, ABHAY S. WAGHWASE
Ganesh Bhatu Shinde (Patil) – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.Chaitanya Chandrakant Deshpande
For the Respondent: Mrs.V.S.Choudhari

JUDGMENT :

ABHAY S. WAGHWASE, J.

1. Judgment and order of conviction dated 18-07-2018 passed by the learned Sessions Judge, Dhule in Sessions Case No.124 of 2015 is hereby assailed by the convict Ganesh, thereby questioning legality, maintainability, sustainability of the judgment and praying to set aside the same.

STORY OF PROSECUTION IN BRIEF

2. PW3 Gaikwad, Police Patil of village Kundane passed information to Dhule Taluka Police Station on telephone regarding dead body lying in abandoned condition on Dahyane road. On receipt of said information, Police visited the spot, prepared inquest and referred dead body for post mortem. Initially AD was registered. According to prosecution, as body was of unknown person, at the time of inquest, his body search was taken and some documents including medical papers were found, on the basis of which identity of deceased was got confirmed. Deceased was found to be Sunil Lakade and on enquiry with his brother Santosh, Police got a clue that there was dispute between appellant and deceased and regarding previous assault on deceased, crime was registered against appellant. In that backdrop, it is the story of the prosecution that, appellant had appr

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