JUDGMENT

P. Sathasivam, J.-This appeal is directed against the judgment and order dated 04.08.2006 passed by the High Court of Bombay in Criminal Appeal No. 865 of 2001 whereby the Division Bench of the High Court confirmed the order of conviction and sentence dated 15.10.1998 passed by the Court of Additional Sessions Judge, Greater Bombay in Sessions Case No. 816 of 1995 against the appellant herein.

2. Brief facts:

(a) Rajendra Mahadeo Lokhare (PW-1)-the complainant, Kishore Mahadeo Lokhare-(original Accused No. 1) and Sanjay Mahadeo Lokhare @ Sanju (since deceased) are brothers and were residing at Room No. 11, Gangabhaiya Chawl, near K.V.K. High School, Sainath Nagar Road, Ghatkopar (W), Bombay. Suresh Sakharam Nangare-(original Accused No. 3) is the friend of A-1 and Surekha Mahadeo Lokhare (PW-2) is the wife of A-1.

(b) Kishore Mahadeo Lokhare (A-1) was addicted to ganja and liquor and used to ill-treat his wife-Surekha (PW-2) and other members of the family including his younger brother-Sanjay Mahadeo Lokhare-the deceased. Due to the said behaviour, all the family members except Kishore Mahadeo Lokhare shifted to Punjab Chawl, Near Tata Fission Pipe Line, Mulund (W), Bombay.