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2022 Supreme(SC) 1919

A. S. BOPANNA, VIKRAM NATH
Suresh Dnyandeo Kate – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
Mr. Atul Babasaheb Dakh, Advocate, for the Appellant; Mr. Sachin Patil, Advocate, Mr. Rahul Chitnis, Advocate, Mr. Aaditya A. Pande, Advocate, Mr. Geo Joseph, Advocate, Ms. Shewtal Shepal, Advocate, for the Respondent.

ORDER

1. The present appeal filed by accused-appellant, Suresh Dnyandeo Kate (hereinafter referred to as 'the appellant') arises from the judgment and order dated 13.03.2014 passed by Bombay High Court in Criminal Appeal No. 719 of 2009, whereby the appeal was dismissed. The conviction from the Trial Court was upheld, whereby the appellant was convicted under section 302 IPC[IPC- Indian Penal Code, 1860] and sentenced to undergo imprisonment for life and pay fine of Rs.500/-.

    FACTS:

    2. The case of the prosecution is that appellant married Vidya (deceased) and had two children, Viraj and Manali. The appellant was working as a priest in Hanuman temple and later on he started selling Vada-Pav outside Jayashree Talkies. Both the husband and wife were suspecting each other of having an illicit relation which was the reason of frequent quarrels between them.

    3. On 24.11.2005, the appellant brutally assaulted his wife with an iron rod which had a pointed edge (generally used for breaking coconut). At the time of the assault, the minor son and the daughter were sleeping inside the same house. They woke up as they heard their mother scream and saw their father hitting their mother. After this t

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