ANIL SITARAM GOSAVI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant has challenged the Judgment and order dtd. 21/7/2016 passed by the learned Additional Sessions Judge, Khed-Rajgurunagar, Dist. Pune, in Sessions Case No.256 of 2014. The Appellant was convicted for commission of the offence punishable U/s.302 of the I.P.C. By the second clause in the operative part, the learned Judge sentenced the Appellant to suffer imprisonment for life subject to the rider that the Appellant shall not be released unless he has undergone twenty years of imprisonment, including the period undergone by him. The Appellant was also directed to pay a fine of Rs.5000.00 and in default of payment of fine, to suffer R.I. for one year. He was granted set off against the sentence of life imprisonment, subject to Sec. 433-A of the Cr.P.C.

(2.) Heard Mr. Kamran Shaikh, learned counsel for the Appellant and Mr. Saste, learned APP for the State.

(3.) The prosecution case is that the Appellant was doubting the character of his wife Pratibha. They had two sons. Pratibha was working in a private company. The Appellant was hardly earning anything. Pratibha's sister who was married to the Appellant's brother was residing in the neighbourhood. The Appellant's parents with their other children were also residing nearby.