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2023 Supreme(Bom) 866

VIBHA KANKANWADI, ABHAY S. WAGHWASE
Udhav Nagorao – Appellant
Versus
State Of Maharashtra – Respondent


Advocates appeared:
P.S.Paranjape, Advocate, V.S.Choudhari, Advocate

JUDGMENT

ABHAY S.WAGHWASE, J. - Appellant / original convict for charge under Sec. 302 of Indian Penal Code (IPC) has impugned the judgment and order of conviction passed by the learned Additional Sessions Judge, Parbhani, by which accused no.1 / appellant Udhav is sentenced to suffer imprisonment for life and to pay fine of Rs.2, 000.00, in default to suffer rigorous imprisonment for one year for offence under Sec. 302 of Indian Penal Code (IPC), to suffer one year rigorous imprisonment for offence under Sec. 498A of IPC, to suffer rigorous imprisonment for one month for offence under Sec. 323 of IPC and is also sentenced to suffer rigorous imprisonment for a period of one year for offence under Sec. 506-II of IPC.

BRIEF FACTS OF THE CASE IN TRIAL COURT

2. Appellant / Accused no.1 was charge-sheeted by Pathri Police Station, Tq.Pathri, Dist.Parbhani on accusation that, accused ill treated his wife Vandana. He had kept accused no.2 as mistress / concubine and was insisting that she would come to stay in his house. He used to beat Vandana for resisting and opposing the same. On intervening night of 11/7/2014 and 12/7/2014, on same count accused beat Vandana mercilessly. Again in the

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