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APPELLATE SIDE,BOMBAY
NITIN B. SURYAWANSHI, J
SANTOSH SAKHARAM KAMBLE AND ANR. – Appellant
Versus
STATE OF MAHARASHTRA – Respondent


JUDGMENT:

1. This Appeal takes exception to the judgment and order of conviction passed by learned Additional Sessions Judge, Ratnagiri in Sessions Case No. 40 of 2021 thereby convicting Appellants/Original Accused u/s. 306 r/w. 34 of IPC and sentencing them to sufer rigorous imprisonment of four years and to pay a fne of Rs.5,000/- and in default to undergo simple imprisonment of three months and u/s. 506 r/w. 34 of IPC sentencing them to sufer rigorous imprisonment of one year and to a pay fne of Rs.2,000/- and in default to undergo simple imprisonment of one month.

2. Prosecution case is that, Bhikaji Kamble was residing at Baudhawadi, Palu Taluka-Lanja, District-Ratnagiri. He used to frequently visit house of one lady in Baudhawadi. Due to that both the accused who are resident of the same village used to doubt that Bhikaji had illicit relations with said lady. Accused No. 2- Milind abused Bhikaji and threatened to kill him in the month of January, 2021. Thereafter, on 07/04/2021 both accused assaulted Bhikaji. On 09/04/2021 both accused on suspicion of illicit relations of Bhikaji with said lady, threatened him not to stay in the village, else he will be killed. Because of c

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