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2023 Supreme(Bom) 2234

VIBHA KANKANWADI, ABHAY S. WAGHWASE
Rahul – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
Govind Kulkarni, Advocate, A.V.Deshmukh, Advocate, Nilesh S.Ghanekar, Advocate

JUDGMENT/ORDER

VIBHA KANKANWADI, J. - Both these appeals are filed by original accused Nos. 1 and 2 challenging their conviction in Sessions Case No.39 of 2012 by the learned Additional Sessions Judge, Beed on 12/5/2016 after holding them guilty of committing offence under Sec. 302, 326 read with Sec. 34 of the Indian Penal Code.

2. It is the prosecution story that an information was received by Neknoor Police Station that the person was murdered and his dead body was lying in Kacharwadi Ghat. Therefore, police inspector Dinkar Damble, PW-21 went to the spot. He prepared inquest panchnama as well as spot panchnama. One motorcycle bearing No. MH-U-5909, one Samsung mobile, pair of sleeper, were seized from the spot along with the blood stained soil as well as plain soil. Dead body was sent for postmortem. The call details in respect of the mobile were taken and during the investigation it was revealed that the said mobile belongs to deceased Yeshwant Mohite. In the said mobile there were some objectionable photographs of deceased Yeshwant with accused No.4. Accused No.4 is the wife of accused No.1. The said incident had taken place on 22/12/2011.

3. It is the further prosecution story

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