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2017 Supreme(Bom) 1882

T.V.NALAWADE, ARUN M.DHAVALE
Manohar s/o. Mahadu Kate – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. B.S. Kudale, Advocate
For the Respondent: Mr. V.S. Badakh

JUDGMENT :

T.V. NALAWADE, J.

1. The appeal is filed against judgment and order of Sessions Case No. 2/2001, which was pending in the Court of learned Additional Sessions Judge, Nilanga, District Latur. The appellant is convicted for the offence punishable under section 302 of Indian Penal Code ('IPC' for short) and he is sentenced to suffer imprisonment for life and to pay fine of Rs.500/-. Heard learned counsel Shri. Kudale, who is appointed counsel and the learned APP.

2. In short, the facts leading to the institution of the present appeal can be stated as follows :-

Deceased Vijayabai (Sujata) was the wife of appellant/accused. The appellant is resident of Savri, Tahsil Nilanga. Kadaji is the father of deceased. He is resident of village Dapka, Tahsil Nilanga. The deceased was given in marriage to the appellant 5-6 years prior to the date of incident and she has left behind one daughter aged about 2-3 years.

3. After marriage, the deceased cohabited with the appellant in village Savri. There was some dispute and after two years of marriage, the deceased had returned to the house of her parents. The deceased used to complain about the ill-treatment which she was receiving from the app




























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