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2021 Supreme(Bom) 333

V.K.JADHAV, SHRIKANT D.KULKARNI
Sanjay S/o Maruti Doule – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Joydeep Chatterji.
For the Respondent: Mr. Anand S. Shinde.

JUDGMENT :

SHRIKANT D. KULKARNI, J.

1. The appellant who is convicted for the offence punishable under Section 302 of the Indian Penal Code and sentenced to suffer imprisonment for life and to pay fine of Rs. 2,000/- with a default stipulation to undergo further rigorous imprisonment for six months in the event of non-payment of fine by the Additional Sessions Judge at Vaijapur in Sessions Case No. 305 of 2012, by judgment dated 30.04.2014, this appeal under Section 374(2) of the Code of Criminal Procedure questions the correctness of the conviction and sentence.

2. The facts prosecution case in narrow compass are as under:

    (a) Kalpana (since deceased) was wife of the accused. The accused was running his workshop at Waluj. Wife Kalpana and son Kishor were also helping to the accused in the workshop. The accused along with his family were residing at Chhatrapatinagar (Shenpunji) at the time of incident.

(b) According to the prosecution, the accused was addicted to liquor. He used to beat his wife Kalpana after consuming liquor. The incident took place on 11.06.2012 about 7.00 a.m. Navnath Vare (first informant), who happens to be brother-in-law of the accused, heard the shouts like ^^okp

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