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2023 Supreme(Bom) 2134

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


Advocates appeared:
Nilesh S.Ghanekar, Advocate, S.D.Ghayal, Advocate

JUDGMENT/ORDER

ABHAY S. WAGHWASE, J. - Appellants - convicts are hereby invoking Sec. 374 of the Code of Criminal Procedure (Cr.P.C.) for assailing judgment and order of conviction passed by the learned Additional Sessions Judge, Basmath in Sessions Trial Case no.16 of 2015 by which they are held guilty for the offence under Sec. 302 read with 34 of the Indian Penal Code (IPC) and sentenced to suffer imprisonment for life.

CASE OF PROSECUTION IN BRIEF

2. Prosecution was launched against appellants on the basis of dying declaration (Exh.28) given by deceased Ajmeri. While undergoing treatment in burns ward in Civil Hospital, she gave statement that appellants herein poured kerosene and set her on fire. It is stated in the dying declaration that on 6/4/2015, her mother- in-law came to house of her sister-in-law at Basmath. On that day, her husband went to house of her sister-in-law and therefore, she went there to call her mother-in-law and her husband for taking dinner. At that time, her mother-in-law abused and beat her. It is alleged that Asina, mother-in-law (appellant No.5) caught hold of her hair and Ajmad Shaikh, her brother-in-law (appellant No.1) slapped her. At that time, her

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