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JUDGMENT

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REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.1823 OF 2008

Bhagwan Tukaram Dange

…. Appellant

Versus

State of Maharashtra

…. Respondent

J U D G M E N T

K.S. Radhakrishnan, J.

1.

Appellant herein, accused No.1 (A-1) along with his

father, accused No.2 (A-2) was charge-sheeted for the

offences of murder of his wife under Sections 302, 498A

read with Section 34 of the Indian Penal Code. A-1 and A-

2 were found guilty and sentenced to suffer imprisonment

for life, with a default sentence. Aggrieved by the order of

conviction and sentence, they filed Criminal Appeal No.11

of 2000 before the High Court of Bombay and the same

was dismissed vide judgment dated 09.02.2004. A-2 later

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JUDGMENT

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died and A-1, aggrieved by the judgment of the High Court

has filed this appeal.

2.

The prosecution story is as under:

A-1 son and A-2 father returned to their house on

18.10.1998 at about 7.00 PM, fully drunk. On reaching

home, they demanded Rs.200/- to Rs.300/- from the wife

of A-1. On refusal, she was severely beaten up and asked

to bring it from her parental house. A-2 t