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2022 Supreme(Bom) 1194

S.S.SHINDE, N.R.BORKAR
Vitthal Baswant Gaikwad – Appellant
Versus
State Of Maharashtra – Respondent


Advocates appeared:
Dr. Abhinav Chandrachud, Advocate, Unnati Ghia, Advocate, G.P. Mulekar, Advocate

JUDGMENT

R. Borkar, J. - This appeal takes an exception to the judgment and order dated 19.06.2013 passed by the additional Sessions Judge-3, Solapur in Sessions Case No. 79 of 2012. By the impugned judgment and order, the appellant, who was accused before the trial court, has been convicted for the ofence punishable under section 302 of the Indian Penal Code, 1860 (for short 'IPC') and sentenced to sufer Imprisonment for Life and to pay fne of Rs.10,000/- and in default of payment of fne to sufer Rigorous Imprisonment for one year. The appellant has been further convicted for the ofence punishable under section 201 of the IPC and sentenced to sufer Rigorous Imprisonment for three years and to pay fne of Rs.1000/- and in default of payment of fne, to sufer Simple Imprisonment for one month. Both the sentences are directed to run concurrently. The trial court has however, acquitted the appellant of the ofence punishable under section 498-a of the IPC.

2] The deceased Nanima was the wife of accused. On the day of incident which took place on 12.09.2011, the accused and the deceased were married for 10 years and blessed with three daughters.

3] according to the prosecution, the accused w

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