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2005 Supreme(Bom) 1032

J.N.PATEL, A.P.LAVANDE
Vetal Bhagwan Mandie – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared
Mr. A. P. TATHOD, Advocate, for the Appellant.
Smt. N. S. JOG, Additional Public Prosecutor, for the Respondent/State.

A. P. LAVANDE, J.:- The appellant assails the judgment and order dated 02-06-2001 passed by the IInd Additional Sessions Judge, Akola in Session Trial No.80/2000 convicting the appellant for offence under Section 302 of the Indian Penal Code and sentencing him to undergo R.I. for life and to pay fine of Rs.500/-, and in default of payment of fine to undergo further R.I. for two years.

2. Briefly, the case of prosecution is as follows :-

On 18-01-2000 at about 2.00 p.m. the appellant committed murder of his wife Rekha by assaulting her on vital parts of the body with the help of scissors. The offence was committed by the appellant after he saw Gajanan, the brother-in-law of Rekha, indulging in obscene acts with Rekha. The appellant for some time had feeling that Rekha and Gajanan were having amorous relationship. On the day of incident at about 9.00 a.m. Gajanan Londhe, the brother-in-law of Rekha came to their place at Keliveli. They took food together and thereafter Rekha dropped her daughter Jyoti in Anganwadi while Vitthal went to play. The mother of the appellant had gone to the field for work. The accused in order to confirm his doubt about the amorous relationship between Rekha







































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