UTTAM BHAGWANT SANGLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant aggrieved from his conviction and sentence for life imprisonment by IInd Additional Sessions Judge, Beed has come up in appeal to this Court.

(2.) BRIEFLY-STATED, the facts leading to the trial of the appellant are as under :--The appellant is an ex-armyman. Kaushalya was his second wife. He married her ten years prior to her death. Out of this wedlock, he had a son and a daughter. At the time of marriage with her he was posted at Pune. He lived with her at Pune for 3-4 years. Kaushalya gave birth to a daughter Sunita at Pune. He retired from service and returned to his native place Borgaon. He lived with his first wife Kastura, and Kashalya and children at Borgaon for some time. Thereafter, he shifted to Beed. He had a house at Shahunagar, Beed. He resided there with his wives, son Ramesh from his first wife - Kastura and daughter Sunita from his second wife - Kaushalya. Kaushalya gave birth to a son Santhosh while she was residing with the appellant at Shahunagar. There were frequent quarrels between Kaushalya and Kastura. The appellant purchased a plot at Shivajinagar, Beed and constructed a house comprising of two rooms. Kastura and Ramesh were living in the house situated at Shahunagar. He shifted Kaushalya and her children to Shivajinagar and started living with them. Kastura filed proceedings against the appellant for possession of the house situated at Shahunagar. The plot on which this house was constructed was purchased by the appellant in her name in the year, 1976. Kastura initiated proceeding for maintenance (Criminal Application No. 216/1984) against the appellant on August 10, 1984. The same ended in a compromise. The compromise was not sanctioned by the Judicial Magistrate. However, she did not prosecute the application.

(3.) THE appellant used to illtreat Kaushalya at the instance of Kastura. Kaushalya used to inform about the illtreatment to Rajendra Jadhavar, Advocate practising at Aurangabad, her maternal uncle through letters and telegrams. He also used to visit Kaushalya on receipt of those letters and telegrams. The appellant felt annoyed over the conduct of Kaushalya for informing Rajendra Jadhavar about the illtreatment.