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2022 Supreme(Bom) 120

S.S.SHINDE, N.R.BORKAR
Kailas Laxman Chavan – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. Vivek M. Punjabi, Ms. Shweta Bhagchandani.
For the Respondent: Mr. Y.M. Nakhwa.

JUDGMENT :

S.S. SHINDE, J.

1. The present appeal is preferred by the appellant (original accused) being aggrieved by the judgment and order dated 4th February, 2021, passed by Additional Sessions Judge, Nashik, thereby convicting him for the offences punishable under Section 302 and 498-A of the Indian Penal Code, 1860 (hereinafter for short ‘IPC’).

2. The case of the prosecution in nutshell can be summarized as under:

    Shobha Chavan (deceased) was the wife of the appellant. After the marriage the accused used to doubt her character and assault her under the influence of alcohol. The accused mentally and physically harassed Shobha by suspecting her character and subjected her to cruelty by willful conduct. On 11.10.2016 at about 9.00 p.m. after coming home under the influence of alcohol, the accused noticed one drinking pot, which was kept near the devhara (place of worship in the house). After seeing the same, the accused asked his wife if any outsider had come. However, when Shobha (deceased) told the accused that the drinking pot was kept by the accused himself, the accused got annoyed and abused her. Thereafter, he poured kerosene on the person of Shobha and put her ablazed. Thereaf

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