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2022 Supreme(Bom) 431

S.S.SHINDE, SURENDRA P.TAVADE
Nandakumar @ Chhotu Vasudev Samant – Appellant
Versus
State of Maharashtra (at the instance of Borivli Police Station, Mumbai) – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. R. S. Desai i/b Ms. Prabha Badadare, Advocate
For the Respondent: Mr. S. S. Hulke, A.P.P.

JUDGMENT :

Surendra P. Tavade, J.

1. Heard.

2. The appellant/original accused has filed this appeal against the judgment and order dated 05.05.1997 passed by the Additional Sessions Judge, Mumbai thereby convicting the appellant for the offence punishable under Section 302 of the Indian Penal Code (IPC) and the appellant was sentenced to suffer imprisonment for life and to pay fine of 500/-, in default he was directed to suffer rigorous Rs.500/-, in default he was directed to suffer rigorous imprisonment for two months.

3. The case of the prosecution can be summarized as under :-

The informant-Anant Naik had two sons and one daughter namely Nitin, Nilesh and Suchitra (deceased) respectively. The appellant as well as deceased-Suchitra were serving in State Bank of India. The appellant had love affair with Suchitra. They decided to get married. The mother of Suchitra opposed the said marriage but, subsequently the parents of Suchitra gave consent to the said marriage. Accordingly, the appellant and Suchitra got married in the year, 1982. After marriage, there used to be frequent quarrel between the appellant and the deceased. The deceased used to disclose the dispute between herself and t

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