SUKHDEO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant has been convicted for the offence punishable under Section 304 PartII of the Indian Penal Code and is sentenced to suffer rigorous imprisonment for ten years and to pay a fine of Rs.1,000/, in default to suffer simple imprisonment for one month

(2.) The appellant was chargesheeted for the offence punishable under Section 302 of the Indian Penal Code for having committed murder of his son. However, after conclusion of trial, the learned trial Court has convicted him for the offence punishable under Section 304 PartII of the Indian Penal Code.

(3.) The prosecution case before the learned trial Court in brief was that the applicant was earlier married to one Sunita. He had divorced Sunita and was having livein relationship with Revati from village Kokadi. She was being treated as second wife of the appellant. The appellant had two issues from the said second wedlock. The deceased Vishal was one of them. The other issue is Master Chhotu. It was also the case of prosecution before the learned trial Court that there was a dispute between Revati and the appellant and therefore, Revati had gone to stay with her parents. Vishal and Chhotu were staying with the appellant.