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2021 Supreme(Bom) 1663

M.S.SONAK, PUSHPA V.GANEDIWALA
Prashant S/o Bhaurao Mahatme – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: A. K. Bhangde
For the Respondent: M. J. Khan

JUDGMENT :

M. S. SONAK, J.

Heard Mr. A. K. Bhangde, learned counsel for the appellant, and Mr. M.J. Khan learned Additional Public Prosecutor for the respondent-State.

2. This appeal is directed against the judgment and order dated 31-1-2018 made by the learned Sessions Judge, Nagpur in Sessions Case No.471/2014, convicting the appellant for an offence under Section 302 of the Indian Penal Code and sentencing him to undergo life imprisonment and to pay a fine of Rs. 3,000/- and in default to suffer simple imprisonment for 6 months. The appellant is also convicted under Section 201 of the Indian Penal Code and sentenced to rigorous imprisonment for 2 years and to pay a fine of Rs. 1,000/- and in default to suffer simple imprisonment for 3 months.

3. The prosecution version is that on the night intervening 15-7-2014 and 16-7-2014, the appellant strangulated his wife Rajni and made it appear that she has committed suicide by hanging herself. The prosecution has alleged that the appellant began harassing Rajni after a daughter with a hole in the heart was born to them. The prosecution has also alleged that the appellant was having an illicit affair with the neighbouring lady. All these fac

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