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2009 Supreme(Bom) 1270

ROSHAN DALVI, B.H.MARLAPALLE
Santosh Dadu Sapkale – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
For the Appellant:Daulat Khamkar, Advocate.
For the Respondent: V.B. Konde-Deshmukh, APP.
Advocates appeared:
For the Appellant:Daulat Khamkar, Advocate.
For the Respondent: V.B. Konde-Deshmukh, APP.

Judgment :-

Roshan Dalvi, J.


1. The appellant has challenged the judgment of the Second Ad-hoc Additional Sessions Judge, Pune, dated 4.12.2003 in Sessions Case No.84 of 2003, under which the appellant was convicted of the offence punishable under Section 302 of the Indian Penal Code (IPC) and sentenced to suffer imprisonment for life and to pay a fine of Rs. 1000/- and in default of the payment of fine, to suffer rigorous imprisonment for six months.


2. The prosecution case is that the appellant committed murder of his wife by pouring kerosene on her person and setting her on flames in their matrimonial home on 25.7.2002 as he suspected her of having an affair with a neighbourhood boy, one Rajendra. This aspect has been shown by the prosecution in the dying declaration of the deceased Meera, which has been recorded by the police officer who was sent by the concerned Police Station upon being informed of the medico-legal case noticed by the hospital and which statement has been treated as her FIR, upon which the criminal case came to be registered against the appellant. His wife, Meera expired on 28.7.2002 in Sassoon Hospital, Pune.


3. The prosecution has examined seven witnesses.






















































































































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