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2021 Supreme(Bom) 399

S.S.SHINDE, S.P.TAVADE
Yeshwant Harishchandra Walvi r/Nevale – Appellant
Versus
State of Maharashtra at the instance of Boisar Police Station – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ms.Keral Mehta i/b Niranjan Mundargi
For the Respondent: Mr.S.S. Hulke, Adv

JUDGMENT :

S.S. SHINDE, J.

1. This Appeal challenges the impugned judgment and order dated 21st June, 2013 passed by the learned Sessions Judge, Palghar in Sessions Case No.35 of 2011, whereby the appellant - accused was sentenced to suffer R.I. for life and payment of fine of Rs.5,000/-and in default thereof, to suffer R.I. for four months.

2. The prosecution case in brief is as under:

The first informant, namely, Miss Suvarna Lilka used to reside with her grandmother at village Nevale, Taluka Palghar, as her father Subhash Lilka had expired and her mother Lalita got married with the Appellant - Yeshwant Harishchandra Walvi. The first informant used to reside in the house of her father Subhash Lilka in the same area with her grandmother. She also used to visit her mother as and when required.

It is the case of the prosecution that Lalita, the deceased, was a labourer and her husband, the appellant - accused, was unemployed. He was addicted to liquor consumption and used to demand money from the deceased and quarrel with her on that count. He even used to abuse and assault the deceased on many occasions. On 27th February, 2011, at about 8 am, the first informant was passing near the

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