SHARAD ALIAS SHARADCHANDRA S/O NIMBA PATIL Vs. STATE OF MAHARASHTRA THROUGH THE SECRETARY HOME DEPARTMENT MANTRALAYA MUMBAI

JUDGEMENT

(1.) The appeal is filed against judgment and order of Sessions Case No. 21/2010, which was pending in the Court of Additional Sessions Judge, Jalgaon. The Trial Court has convicted the appellant for offence punishable under section 302 of Indian Penal Code ("I.P.C." for short) and he is sentenced to imprisonment for life. Both the sides are heard in appeal.

(2.) It is the case of prosecution that deceased Rekhabai was daughter of Kashinath Patil, resident of Shirsal, Tahsil Amalner, District Jalgaon. Rekhabai was given in marriage to the appellant in the year 2005. At the relevant time, Rekhabai had a son, aged about 20 months.

(3.) For some time, the deceased had cohabited with appellant in the house of the parents of the appellant in village Mangrul. The appellant is addicted to liquor and he was not giving any income for household expenses. The parents of the appellant did not approve the conduct of the appellant and so, they asked him to live separately. The appellant then started living with the deceased and his son in a separate house which was taken on rent in Mangrul itself. The appellant was working in M.I.D.C., Mangrul. The conduct of the appellant did not improve even after starting of separate residence. The appellant continued to give illtreatment to the deceased and he continued his bad habits. The incident took place in this house after about two months of starting of separate residence.