MACHINDRA HARIBA MOHITE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order passed by the Additional Sessions Judge, Sangli, dated 6-3-1990 in Sessions Case No. 41 of 1987, by which the learned Additional Sessions Judge has convicted appellant/accused for the offence punishable under section 302 of Indian Penal Code and sentenced him to suffer imprisonment for life and to pay a fine of Rs. 1,000/-, in default to suffer R.I. for one year. The appellant/accused has also convicted for the offence punishable under section 201 of Indian Penal Code and sentenced to suffer R.I. for two years and to pay a fine of Rs. 200/-, in default, to suffer R.I. for three months.

(2.) IT is the case of the prosecution that one Ramchandra Bhujanga Pawar is native of Mouje Ghatnandre and was living there with his wife, six sons and four daughters. Deceased Sunanda was daughter of Ramchandra. Initially she was married to a person from Garalewadi. Later on, her husband deserted Sunanda and therefore, she was living with her parents. Accused is a distant relative of Ramchandra. The relationship between the accused and his first wife was estranged. The accused had married the deceased one and half months prior to the incident. After the marriage, the accused and deceased Sunanda used to live at Ghatnandre and then they shifted to the house of Sambhaji Padalkar at Raiwadi. Accused was suspecting the character of deceased Sunanda and used to harass her.

(3.) INITIALLY, the above appeal was disposed of by a Division Bench of this Court by a judgment and order dated 19-4-2007. The said judgment was challenged in the Supreme Court. The Supreme Court remanded back the same as the appeal before this Court was heard in absence of the advocate of the appellant/accused.