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2025 Supreme(Bom) 1597

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT NAGPUR
URMILA JOSHI-PHALKE, NANDESH S.DESHPANDE
Mitaram S/o Tohidas Vaidya – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Appellant : H.P. Lingayat
For the Respondent: Shamsi Haider

JUDGMENT :

URMILA JOSHI-PHALKE, J.

1. By this appeal, the appellant (the accused) has challenged judgment and order dated 27.11.2018 passed by learned Sessions Judge, Gondia (learned Judge of the trial court) in Sessions Trial No.72/2016.

2. By the said judgment impugned in this appeal, the accused is convicted for offence punishable under Section 302 of the IPC and sentenced to undergo rigorous imprisonment for life and pay fine Rs.2000/- in default, to undergo further imprisonment for 2 months.

3. Brief facts of the prosecution case are as under:

(A) The accused is father of Anmol (the deceased). He was residing along with his wife Dayawantabai, the deceased, another son Shailesh, and daughter Sangita. On 24.8.2016, during the night, the deceased demanded Rs.500/- from the accused and the accused told him that he is not having that much amount. On the next day, i.e. 25.8.2016, again, the deceased demanded amount to his father. He has also demanded amount Rs.20/- from his mother for recharging the mobile phone. After obtaining the money for recharging the mobile phone, the deceased was sitting at “chhapri” of the house and the accused was also sitting there. The deceased asked Rs.500

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