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BOMBAY HIGH COURT
A. S. Gadkari, J
Arjun Babarao Parche and Others v. State of Maharashtra
| Table of Content |
|---|
| 1. the appeal against a lower court's conviction based on insufficient evidence. (Para 1 , 2) |
| 2. details around the incident and the circumstances surrounding the case. (Para 3 , 4 , 5) |
| 3. discussion on the insufficiency of evidence and legal standards required for conviction. (Para 6 , 7 , 8) |
| 4. final outcome of the case leading to acquittal. (Para 9 , 10 , 11 , 12) |
1. This appeal is directed against the Judgment and Order dated 11.6.2008 passed by the Ad hoc Additional Sessions Judge, Wardha in Sessions Trial No.125 of 2007, whereby the appellants / accused were convicted of the offences punishable under S.498A and S.306 r/w S.34 of the Indian Penal Code and were sentenced accordingly.
2. Heard submissions of the learned counsel for the parties.
3. The facts in brief are as under :
On the basis of report by Babarao Parche (accused No.2) accidental death was noted as A.D. No.65 of 2006 under S.174 of the Criminal Procedure Code . When the dead body of deceased Rekha (informer's daughter - inlaw) and thereafter her child aged about six months old was also found in the same well on 8.9.2006. Thus, inquiry followed and spot panchanama was drawn (Exh.40), as also inques
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