SITARAM NATHA MORE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is filed challenging the final judgment and order dated 17.6.2008, passed in Sessions Case No. 19 of 2007, by the learned Additional Sessions Judge, Shrirampur, District Ahmednagar.

(2.) The application for leave to appeal was allowed by this Court, thereby appeal was admitted. However, the application for bail came to be rejected. Originally there were three accused persons. However, the Additional Sessions Judge, Shrirampur, by the impugned judgment, has acquitted other two accused persons i.e. accused Nos.2 and 3 and against the said acquittal, application filed by the State for leave to appeal has been rejected by this Court on 8.4.2009. Therefore, the present appeal is filed only on behalf of original accused No. 1 Sitaram Natha More.

(3.) All three accused persons were charged for offences punishable under Sections 302 r.w. 34 of I.P.C.. It is the case of the prosecution that deceased Alka Sitaram More wife of accused No. 1 i.e. present appellant was residing alongwith accused No.l and two children viz. Rajendra and Balu in the house allotted by Government of Maharashtra under Indira Awas Scheme. Accused No.2, Shivaji Natha More is brother-in-law and the accused No.3 Rahibai is mother-in-law of deceased Alka.