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2021 Supreme(Bom) 1475

S.S.SHINDE, ABHAY AHUJA
Allabaksh Gafur Shaikh – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
Aniket Vagal, Advocate, S.S. Hulke, Advocate

JUDGMENT

Abhay Ahuja, J. - This is an Appeal preferred by the Appellant (Original Accused) against the judgment and order dated 28th June, 2017, passed by the learned Additional Sessions Judge, Thane, in Sessions Case No.586 of 2014, thereby convicting the Appellant for offence punishable under Section 302 read with Section 504 of the Indian Penal Code, 1860 ("IPC") and sentencing the Appellant to suffer imprisonment for life and fine of R.5,000/-, in default to suffer further rigorous imprisonment for three months.

2. The case of the prosecution is briefy stated as under :-

(a) The deceased Shama Allabaksh Shaikh was wife of the Appellant. On 6th August, 2014, at around 4.00 p.m. the Appellant came home and asked the deceased to serve food. It is stated that the deceased had not prepared any food as she was expecting him for food in the evening and was yet to prepare the food. The Appellant started quarreling with the deceased and started abusing her, with flthy language and gave provocation to her to breach public peace. Thereafter, the Appellant started assaulting the deceased and then picked up the plastic can containing kerosene and poured kerosene on the person of the deceased a

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