2023:BHC-AUG:25930-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPEAL NO. 193 OF 2019 Udhav S/o. Punjaram Nawsagre, Age : 55 years, Occu. Agri., R/o. Belgahvan, Tq. Hadgaon, Dist. Nanded. … Appellant.

(Orig. Accused)

Versus The State of Maharashtra … Respondent.

…

Mr. V. S. Bedre, Advocate for Appellant (Appointed through Legal Aid)

Mr. S. D. Ghayal, APP for Respondent – State ...

CORAM : SMT. VIBHA KANKANWADI AND ABHAY S. WAGHWASE, JJ.

DATED : 7^th DECEMBER, 2023 JUDGMENT (PER ABHAY S. WAGHWASE, J.) :

1. Judgment and order of conviction passed by learned Additional Sessions Judge-I, Nanded dated 16.05.2018 in Sessions Case No.100 of 2015, holding appellant Uddhav guilty for charge under section 302 of Indian Penal Code (IPC) is now taken up by way instant appeal, thereby questioning its legality, maintainability and sustainability.

FACTUAL MATRIX

2. To put it in brief, appellant Uddhav husband of deceased was an agriculturist and in spite of their marriage to be many years old, he suspected her chastity and harassed her. Her parents, relatives and neighbours were all aware of it.

3. On 17.06.2015, while labouring in the field, in above backdrop appellant assault