SUNIL RAMCHANDRA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this appeal challenge is to the judgment and order dtd. 26/9/2017 passed by learned Additional Sessions Judge, Warora District Chandrapur whereby learned Additional Sessions Judge convicted the appellant/accused under Sec. 302 of the Indian Penal Code and sentenced him to suffer life imprisonment and to pay fine of Rs.5,000.00 and also convicted under Sec. 323 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for three months and to pay fine of Rs.1,000.00. On both counts, in default to payment of fine, the rigorous imprisonment for one year and simple imprisonment for 15 days respectively was awarded.

(2.) The facts given rise to this appeal are as follows:- The incident occurred on 2/5/2016 at around 7.00 AM at Mouza Shivapur, Bandar. It is the case of prosecution that the appellant is the husband of the deceased Nirasha. Deceased Nirasha, three months prior to the incident, on account of dispute between her and the appellant started residing separately from the appellant at her sisters house at Shivapur Bandar, Taluka Chimur District Chandrapur.

(3.) The accused, 15 days prior to the incident had gone to the house of Vandana Khobragade, the sister of the deceased to take back the deceased. However, the deceased refused to cohabit with him.