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2008 Supreme(Bom) 1600

D.D.SINHA, A.P.BHANGALE
TEJRAM s/o UKANDRAO PATIL – Appellant
Versus
STATE OF MAHARASHTRA – Respondent


Advocates appeared:
For appellant: R. M. Daga
For respondent: A. S. Sonare, A.F.P.

ORAL JUDGMENT

D. D, SINHA, J. :- Heard Mr. R. M Daga, Advocate for appellant and Mr. Sonare, Additional Public Prosecutor for respondent/State.

2. This Criminal Appeal is directed against the judgment and order passed by 3rd Additional Sessions Judge, Nagpur in Sessions Case No. 156 of 2000 whereby the appellant is convicted for the offence punishable under section 302 of the Indian Penal Code and is sentenced to suffer rigorous imprisonment for life. The appellant is also directed to pay a fine of Rs. 1,000/- in default to suffer imprisonment for six months. The appellant is acquitted for the offence punishable under sections 498-A and 304-B of the Indian Penal Code.

3. The relevant facts and circumstances which have given rise to the prosecution of appellant are as follows:

Deceased Savita was wife of the appellant/accused and their marriage had taken place about three years prior to the date of incident i.e. 28-3-1999. After their marriage, both resided together in the house located within the jurisdiction of Police Station, Imambada. The parental house of deceased Savita was at some distance from the house of accused. The appellant has one son and one daughter. It is the case o































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