LAWS(BOM)-1993-12-25

SANJEEV TUKARAM PRABHU GHAVIT Vs. STATE OF MAHARASHTRA

Decided On December 16, 1993
SANJEEV TUKARAM PRABHU GHAVIT Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) THE appellant-accused who has been convicted for the offence punishable under section 302 of the Indian Penal Code and sentenced to life imprisonment for causing death of his wife, Banubai, by burning her, in Sessions Case No. 110 of 1992 by the learned Addi. Sessions Judge, Pandharpur, has preferred this appeal.

(2.) BRIEFLY stated facts giving rise to this appeal are as under: the appellant-accused is the resident of village Akluj, Tal, Malshiras, Dist. Solapur. He resided at Akluj with his parents and brother. The family resides in a hut having two rooms. The appellantaccused was divorced by his first wife and he contracted a second marriage with the deceased Banubai, daughter of Abhiman Hapu Jadhav, P. W. 3, the complainant in the present case. The said marriage was solemnized on 22nd February, 1992. After the said marriage the deceased Banubai cohabited with the appellant accused at his house. It is the prosecution case that there were some quarrels taking place between the appellant-accused and his newly wedded Wife and that the appellant-accused used to ill-treat at his Bauubai.

(3.) IT also appears to be the prosecution case that prior to 13th March, 1992 i. e. the eventful day, the deceased Banubai had gone to her mothers house and she was not prepared to go back to the house of her husband appellant-accused. However, she was ultimately persuaded to do so.