MANOHAR S/O MAHADU KATE Vs. THE STATE OF MAHARASHTRA
HIGH COURT OF BOMBAY
Manohar S/O Mahadu Kate
THE STATE OF MAHARASHTRA
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T.V. Nalawade, J. -
(1.) The appeal is filed against judgment and order of Sessions Case No. 2/2001, which was pending in the Court of learned Additional Sessions Judge, Nilanga, District Latur. The appellant is convicted for the offence punishable under section 302 of Indian Penal Code ('IPC' for short) and he is sentenced to suffer imprisonment for life and to pay fine of Rs.500/-. Heard learned counsel Shri. Kudale, who is appointed counsel and the learned APP.
(2.) In short, the facts leading to the institution of the present appeal can be stated as follows :-
Deceased Vijayabai (Sujata) was the wife of appellant/accused. The appellant is resident of Savri, Tahsil Nilanga. Kadaji is the father of deceased. He is resident of village Dapka, Tahsil Nilanga. The deceased was given in marriage to the appellant 5-6 years prior to the date of incident and she has left behind one daughter aged about 2-3 years.
(3.) After marriage, the deceased cohabited with the appellant in village Savri. There was some dispute and after two years of marriage, the deceased had returned to the house of her parents. The deceased used to complain about the illtreatment which she was receiving from the appellant and her mother. When she returned to the parent's house, she was pregnant and she delivered female child when she was living in the house of Kadaji. She stayed there for about two years. After her delivery, Kadaji made attempts to see that the deceased is sent back to the matrimonial house, but the accused refused to accept the deceased back in the matrimonial house. To pressurize the appellant/accused, the deceased filed maintenance proceeding against him. After that the appellant went to the house of Kadaji, he gave undertaking to behave well and then Kadaji agreed to send the deceased back to the matrimonial house.;
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