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2023 Supreme(Bom) 1639

VIBHA KANKANWADI, ABHAY S. WAGHWASE
Nasib Osman Pathan – Appellant
Versus
State of Maharashtra, Through The Police Station Officer, Police Station, Bidkin, Tq. Paithan, Dist. Aurangabad – Respondent


Advocates Appeared:
For the Appellant : Ms. Anuradha S. Mantri.
For the Respondent: Mrs. Uma S. Bhosale.

JUDGMENT :

(Vibha Kankanwadi, J.)

1. Present appeal has been filed by the original accused challenging his conviction by learned Additional Sessions Judge, Aurangabad in Sessions Case No.148/2014, thereby convicting him for the offence punishable under Section 302 of the Indian Penal Code, 1860 on 12.12.2017.

2. What is emerging to be the admitted fact from the record is that deceased Seema got married to accused and they were the only two persons residing at Paithan Ves, Bidkin. Seema was doing the work of preparing food and washing utensils in the canteen of a private company.

3. The prosecution has come with a case that Seema was admitted to GHATI, Aurangabad on 13.01.2014. After the Medico Legal Certificate was given, her statement was recorded at 5.30 p.m. by Police Head Constable Khajekar of Bidkin Police Station. In her statement Seema disclosed that her husband is not doing any work to earn money, however, he used to demand money to her for drinking liquor. When she used to refuse to give money to him, he used to abuse her and ask her to go to her parents house. She has further stated that she came home in the evening from the work on 12.01.2014. She washed the clothes and ute

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