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2019 Supreme(Bom) 1008

T.V.NALAWADE, K.K.SONAWANE
Rahim – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
Kuldeep S. Kakhalekar, Adv., Nilesh Ghanekar, Adv., D.S. Jape, Adv.

JUDGMENT :

K.K. Sonawane, J.

The instant appeal calls in question the impugned Judgment and order dated 05-12-2013 rendered by Additional Sessions Judge-3, Latur, in Sessions Case No. 77 of 2012. The appellant-accused was convicted for the offence punishable under Section 302 of the Indian Penal Code ("IPC") and sentenced to suffer imprisonment for life and to pay a fine of Rs. 1000/- in default to suffer rigorous imprisonment for one month. Being aggrieved by the impugned Judgment and order of conviction and resultant sentence, the appellant-accused, taking recourse of remedy under Section 374 of the Code of Criminal Procedure ("Cr.P.C."), preferred the present appeal to redress his grievance.

2. The factual matrix of the matter in nutshell is that, the ill-fated victim Rubina was the wife of appellant-accused. Their marriage was solemnized prior to ten years of the incident. The spouses were residing in their own house located in Hatte nagar area, Latur. The parents, brother also residing in the same locality of residential house of victim - Rubina. Unfortunately, there were no issues to the spouse. The deceased-Rubina could not conceived during wedlock from the husband. It has been

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