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2023 Supreme(Bom) 2228

ROHIT B. DEO, U. J. PHALKE
Kishor – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
D.V.Chauhan, Advocate, M.J.Khan, Advocate

JUDGMENT/ORDER

URMILA JOSHI-PHALKE, J. - By this appeal, the appellant (accused) challenges judgment and order dtd. 29/12/2018 passed by learned Sessions Judge, Nagpur in Sessions Trial No.464/2017 whereby the accused is convicted for offence punishable under Sec. 302 of the Indian Penal Code and sentenced him to suffer life imprisonment.

2. Such of facts necessary for the decision of this appeal are as follows: Report was lodged with Ajni Police Station, district Nagpur by Sheela Ganesh Jaronde, the daughter of the deceased, on 23/5/2017 on allegations that the deceased is her mother and the accused is her real brother. At the time of incident, the deceased was residing along with the accused. As the accused was addicted to vices, his wife and his children are residing separately and, therefore, only the accused and deceased were residing together. On 22/5/2017, at about 8:00 am, when she was attending her duty, she received a phone call of her sister who disclosed that her mother is no more and, therefore, she went at the house of her mother and found that police were taking her mother to hospital and, therefore, she went in the hospital and saw that her mother had sustained injuri

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