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2017 Supreme(Bom) 1773

R.K.DESHPANDE, M.G.GIRATKAR
Ajay s/o Digamber Deogade – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Shri R.M. Daga
For the Respondent: Shri V.P. Gangane

JUDGMENT :

M.G. Giratkar, J.

Appellant was chargesheeted for committing murder of his wife. Learned Additional Sessions Judge, Chandrapur acquitted the appellant for the offence punishable under Section 304B of the Indian Penal Code and convicted him for the offence punishable under Section 302 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for life and to pay fine of Rs. 1,000/- in default to suffer further simple imprisonment for three months. Being aggrieved by the judgment of conviction in Sessions Case No. 119/2004 dated 12-4-2005, appellant has filed the present appeal.

2. The case of the prosecution against the appellant in short is as under.

(i) The appellant married with deceased Vishakha on 19-3-2004. After the marriage, appellant was demanding Rs. 50,000/- from her parents. On the day of incident i.e. on 18-4-2004, in evening, appellant came to house and asked his wife Vishakha as to why she did not serve food to his mother. Therefore, there was quarrel between them. He taken her in the bathroom, poured kerosene on her person and set her on fire. Vishakha started burning. She caught the appellant. Appellant also sustained burn. Neighbours extingui


































































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