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2023 Supreme(Bom) 79

NITIN W. SAMBRE, R. N. LADDHA
Uttam Anna Lande – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Abhishek Avachat.
For the Respondent: G.P. Mulekar.

JUDGMENT :

R.N. LADDHA, J.

1. By this Appeal filed under Section 374 of the Code of Criminal Procedure, 1973, the Appellant seeks to challenge the Judgment dated 15th September 2011 passed by the learned Sessions Judge, Pune, in Sessions Case No. 556 of 2010, whereby the Appellant is convicted for committing an offence punishable under Section 302 of the Indian Penal Code, 1860. He was sentenced to undergo imprisonment for life together with payment of the fine of Rs. 500/- and in default of payment of fine, he has been sentenced to undergo rigorous imprisonment for six months.

2. Background facts, in a nutshell, are as follows:

    (i) Accused/Appellant Uttam Lande was residing at village Takve Budruk along with his wife Sangita and two sons, namely, Balaji and Dyneshwar. The accused was addicted to liquor. After consuming liquor, he used to threaten his wife that he would not keep her alive.

(ii) On 29.04.2010 at about 6:00 am, accused Uttam consumed liquor and insisted his wife Sangita not go to work. On refusal, the accused got infuriated and raked up a quarrel, stating that he would see how she could go for work. He then poured kerosene on her and set her on fire. Sangita began shoutin

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