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2013 Supreme(Bom) 1250

B.R.GAVAI, P.N.DESHMUKH
Rajesh S/o. Gajanan Mahaiskar – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared
Shri R.M. DAGA, Adv. for Appellant.
Shri S.M. GHODESWAR, Additional Public Prosecutor for Respondent.

JUDGMENT

B.R. GAVAI, J.

The appellant takes exception to the judgment and order dated 10/11/2009 passed by the learned Ad hoc Additional Sessions Judge-4, Nagpur in Sessions Trial No. 266/2009, thereby convicting the appellant/accused for the offences punishable under Sections 302 and 498-A of Indian Penal Code and sentencing him to suffer rigorous imprisonment for life and for three months respectively.

2. The prosecution case, in brief, is that deceased Arti was in love with accused and as such, they married each other in the year 2001. Out of wedlock, they have begotten two children, namely, Gajal and Sujal. The accused used to ill-treat deceased Arti since he had suspicion regarding her illicit relations with other persons. The accused had suspicion that his younger son Sujal was not born to deceased Arti from him. Earlier to the incident in question, the accused had assaulted deceased Arti with a 'pechcus' on her right hand and caused injury. Accordingly, deceased Arti had also lodged a report to the Police Station.

3. It is the further case of the prosecution that due to ill-treatment to deceased Arti at the hands of the accused, she was residing along with her son Sujal in th





























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