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2016 Supreme(Bom) 1661

B.P.DHARMADHIKARI, S.B.SHUKRE
Dipak son of Chandrasing Kolhekar – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Ms F. N. Haidari, Advocate
For the Respondent: Shri J. Y. Ghurde, Additional Public Prosecutor

JUDGMENT:

S. B. Shukre, J.

1. This is an appeal preferred against the judgment and order delivered on 26.11.2014 in Sessions Trial No. 20 of 2012 by the Additional Sessions Judge-I, Achalpur, thereby convicting and sentencing the appellant for the offence punishable under Section 302 of the Indian Penal Code.

2. Briefly stated, the facts of the case are as under:

This is a case wherein a 2 Year old marriage between the appellant and the deceased Ratna met with an abrupt and unfortunate end due to indiscretion shown by the appellant, which proved to be fatal for his wife. The couple was residing at village Diya, Tahsil Dharni, District Amravati together with their 9 month old son. The appellant, it is alleged, had the habit of consuming liquor and returning home intoxicated. It is further alleged that in the state of intoxication, the appellant used to suspect the fidelity of his wife, deceased Ratna, and sometimes, even beat her. Evening of 29.4.2011, however, was different for the couple, in the sense that the callousness of the appellant towards his wife attained its peak. Around 05.00 pm of that day, the appellant returned home in an inebriated condition. No sooner did he enter the






















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