PARUBAI W/O GULAB WATANE Vs. STATE OF MAHARASHTRA
HIGH COURT OF BOMBAY (AT: NAGPUR)
Parubai W/O Gulab Watane
STATE OF MAHARASHTRA
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SANGITRAO S. PATIL, j. -
(2.) The appellant (original accused no.1) has been convicted for the offences punishable under Sections 302 and 436 of the Indian Penal Code 2 cri.appeal.488-2007 ("I.P.C." for short) and sentenced to suffer imprisonment for life and to pay a fine of Rs.5,000/- in respect of the offence punishable under Section 302 of the I.P.C.; and rigorous imprisonment for five years and a fine of Rs.2,000/- in respect of the offence punishable under Section 436 of the I.P.C. in Sessions Case No.27 of 2007 by the learned Sessions Judge, Parbhani on 16.11.2007. Being aggrieved by the said conviction and sentence, the present appeal has been filed.
(3.) The deceased Mandabai was the wife of original accused no.2 namely, Gulab s/o. Gajanan Watane, r/o. Wazar, Tq.Jintur, Dist. Parbhani. Their marriage was performed in the year 2000. From the said wedlock, they had got a son namely, Akash and a daughter namely, Nikita, who were aged about 5 years and 2 years respectively, at the time of the incident which took place in the night intervening 2 nd and 3rd August, 2006. Accused no.2 had extra-marital relations with the present appellant. Ultimately, 3 cri.appeal.488-2007 they married on 02.01.2006 and got registered their marriage in the office of Registrar of Marriages at Jintur on 18.02.2006. The appellant started residing in the house of accused no.2 along with the deceased Mandabai, her children and parents of accused no.2, which was situate in the agricultural land. The house of accused no.2 was comprising of three rooms, out of which one room was allotted to their servants namely, Piraji Mankari and two rooms were in possession of the family of accused no.2.;
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