LAWS(BOM)-2021-8-176

MANGESH DHAKU ALIM Vs. STATE OF MAHARASHTRA

Decided On August 23, 2021
Mangesh Dhaku Alim Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) By this Appeal, the Appellant is challenging the Judgment and Order dated 08 January 2013 passed by the learned Additional Sessions Judge at Vasai in Sessions Case No. 16 of 2012. By the impugned Judgment, the Appellant/accused has been convicted for having intentionally caused the death of his wife Asha alias Manali.

(2.) The Appellant was married with Asha alias Manali somewhere in the year 2006 and they had a son from the wedlock. According to the prosecution, the Appellant was suspecting the character of his wife and used to demand money from her. On account of this, the Appellant was ill-treating her.

(3.) The Appellant lodged a report with police station Nallasopara on 08 August 2011 stating that since 07 August 2011, his wife Manali was unwell as she was having chest pain. Manali slept without having food in the night and got up at about 7.45 a.m. on 08 August 2011. She, however, continued to complain about her chest pain and therefore, did not engage into a daily chores. The Appellant reported that at about 8.00 a.m. Manali while going to the bathroom, fell down and sustained injuries. She was initially removed to Manorama Hospital, however, due to unavailability of Doctor there, she was taken to Alliance Hospital at Nalasopara (East), where on examination she was declared dead.