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2014 Supreme(Bom) 2499

P.N.DESHMUKH
Devanand @ Ghantya s/o. Narayan Shirsat – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Appellant :A. Mardikar, Sr. Adv. with S. Joshi, Advocate
For the Respondent/State:- M.J. Khan, Addl. P.P., Advocate

JUDGMENT :

P.N. Deshmukh, J.

This appeal takes exception to the judgment and order dated 29th of April 1999 passed in Session Trial No. 162 of 1995 by the Additional Sessions Judge, Akola. whereby appellant came to be convicted for the offence punishable under Section 498-A of the Indian Penal Code and is sentenced to suffer rigorous imprisonment for three years and to pay fine of Rs. 300/- in default to suffer R.I. for six months. Appellant is further convicted for the offence punishable under Section 306 of the Indian Penal Code and is sentenced to suffer rigorous imprisonment for six years and to pay fine of Rs. 500/- in default to suffer R.I. for one year.

2. Prosecution case can briefly be stated as follows :-

Deceased Rajkanya was wife of appellant/accused. Their marriage took place about five years prior to incident which occurred on 25th of July, 1995 at village Sanglud at the residential house of appellant. Out of their wed lock, deceased had one son and one daughter. The parents of Rajkanya are residing at village Parad. According to prosecution, appellant was addicted to liquor and was assaulting his wife which fact was known by his neighbours. They attempted to convince the








































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