THE STATE OF MAHARASHTRA Vs. SHIVAJI S/O. BHUJANGRAO UKIRDE
LAWS(BOM)-2017-12-24
HIGH COURT OF BOMBAY (AT: AURANGABAD)
Decided on December 07,2017

THE STATE OF MAHARASHTRA Appellant
VERSUS
Shivaji S/O. Bhujangrao Ukirde Respondents

JUDGEMENT

T.V.NALAWADE,J. - (1.) The appeal is filed against judgment and order of Sessions Case No. 42/2001, which was pending in the Court of Ad- hoc Additional Sessions Judge, Aurangabad. The Trial Court has acquitted the present respondent, husband of deceased Gangabai and also the first wife of present respondent of the offences punishable under sections 302, 498-A r/w. 34 of Indian Penal Code (hereinafter referred to as ' IPC ' for short). The State has challenged the decision of acquittal given in favour of the respondent only. Both the sides are heard.
(2.) In short, the facts leading to the institution of the present proceeding can be stated as follows :- Deceased Gangabai was a daughter of Vithalrao, who was resident of village Dhudad, Tahsil and District Aurangabad. The deceased was given in marriage to respondent Shivaji about 10 years prior to the date of incident. Gangabai has left behind one daughter, aged about 9 years and one son aged about 5 years, born out of her marriage with the present respondent. The respondent had married with Gangabai as he had no issue from first wife (original accused No. 2). The respondent is resident of village Karmad, Tahsil and District Aurangabad.
(3.) Both the accused persons had suspicion about the character of the deceased. The suspicion increased after the birth of issues to the deceased and they started giving illtreatment to the deceased. The respondent used to give beating also to the deceased. The relatives of the deceased from parent's side had tried to convince the respondent and his first wife to behave well, but their conduct did not improve and they continued to give illtreatment due to their suspicion.;


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