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1999 Supreme(Bom) 960

D.G.DESHPANDE, VISHNU SAHAI
Narayan Nagu Gopale – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
P. N. Shah, for Appellant; Ms. Usha Keja-riwal, A. P. P., for Respondent.

Judgement

VISHNU SAHAI, J. :- The appellant aggrieved with the judgment and order dated 8-9-1994 passed by Additional Sessions Judge, Pune, in Sessions Case No. 465 of 1992, convicting and sentencing him to undergo imprisonment for life and to pay a fine of Rs. 100/- in default to undergo rigorous imprisonment for one month for the offence under Section 302 of the Indian Penal Code, has come up in appeal before us.

2. Shortly stated the prosecution case runs as under :-

Deceased Ranjana was the wife of the appellant. She was married to the appellant about ten years prior to the incident. She stayed with him for three years. Thereafter she went to her father's house and did not return for four years. Hence the appellant married one Laxmibai from whom three daughters were born. However, on account of dispute between her and the appellant, she went away. Thereafter the appellant brought back Ranjana to his house. He took her to Bombay and spent some time with her there. About a week prior to the incident the appellant and Ranjana came to village Kalamode in Taluka Khed to attend the fair of Rokadenath. They stayed in the house of Nagu Gopale, PW. 3 (the father of the appellant). On the d






















































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