SHIVDAS @ BALYA S/O SURYABHAN GIRADKAR Vs. STATE OF MAHARASHTRA
LAWS(BOM)-2017-11-5
HIGH COURT OF BOMBAY (AT: NAGPUR)
Decided on November 06,2017

Shivdas @ Balya S/O Suryabhan Giradkar Appellant
VERSUS
STATE OF MAHARASHTRA Respondents

JUDGEMENT

R.K.DESHPANDE,J. - (1.) This appeal is preferred against the judgment and order dated 07.12.2015 passed by the learned Additional Sessions Judge-1, Nagpur, in Sessions Trial No. 252 of 2013, convicting the appellant-accused for the offence punishable under Section 302 of Indian Penal Code and sentencing him to suffer rigorous imprisonment for life and to pay fine of Rs.5,000/-, in default of which he is to further suffer rigorous imprisonment for a period of six months.
(2.) The accused was charged that, on 31.03.2013 at about 3 p.m. in the agricultural field of one Shri Zade, situated behind Mulak Engineering College, Umrer, District, Nagpur, he committed murder intentionally by pouring kerosene on the person of the deceased Smt. Chhayabai Ishwar Dahare and set her on fire and caused her death and thereby committed an offence punishable under Section 302 of Indian Penal Code.
(3.) The story of the prosecution is as under :- The deceased Smt. Chhayabai Ishwar Dahare was residing with her husband in their own house situated at Kawarapeth, Umrer. They had three children in the age group of 7 to 15 years. The husband died in the year 2008. The accused was giving milk to the neighbourers of the deceased and started developing intimacy with the deceased. The accused used to visit the house of the deceased and they developed illicit physical relations. During the life time of the husband of the deceased, a loan was obtained from Shikshak Sahakari Bank, Umrer and in order to repay the said loan, the deceased sold the house in the year 2011 for total consideration of Rs.4,60,000/- and repaid the loan amount. The accused demanded hand loan of Rs.35,000/- from the deceased for transfer of agricultural land in his name and accordingly, the deceased paid the said amount to the accused. In spite of repeated demands, the accused failed to repay the said amount.;


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