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2012 Supreme(Bom) 1466

SHRIHARI P.DAVARE, A.S.OKA
Dilip Shivaji Bansode – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
Mr. ABHAY PATKI, Advocate appointed for the appellant
Dr.(Mr.) FR. SHAIKH, APP for the respondent State

Judgment:

DAVARE, J.: Heard learned counsel for the appellant and the learned APP for the respondent State.

2. The challenge in this appeal is to the judgment and order dated 7th April, 2001 rendered by the Second Additional Sessions Judge, Satara in Sessions Case No.156 of 1999 thereby convicting the respondent i.e. the original accused (hereinafter referred to as per his original status as "the accused"), for the offence punishable under Section 302 of Indian Penal code and sentencing him to suffer imprisonment for life and to pay fine of Rs.500/- and in default to suffer rigorous imprisonment for four months and also convicting him for the offence punishable under Section 201 of Indian Penal Code and sentencing him to suffer rigorous imprisonment for five years and to pay fine of Rs.300/-, in default to suffer rigorous imprisonment for three months.

3. Brief facts of the prosecution case which gave rise to the present appeal are as follows:

(i) The victim Survarna Dilip Bansode who was the daughter of PW-7 Thaku Vishnu Trimbake. She had married with one Khandare, but he deserted her. Thereafter Suvarna got married with the accused. However, the accused also was not treating her well

























































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