BAJIRAO ASHRUBA SANAP Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Challenge in this appeal is to conviction and sentence rendered by learned 2nd Addl. Sessions judge, Ambajogai in Sessions Case No. 18/1991 whereby the appellant came to be convicted for offence punishable under section 307 of the Indian Penal Code and is sentenced to suffer rigorous imprisonment for five (5) years and to pay a fine of Rs. 1,000/- in default to suffer rigorous imprisonment for three (3) months more.

(2.) Appellant Bajirao is a retired police Head constable. He had married p. W. Asrabai (complainant) after death of her first husband. It was second marriage of the appellant too. Then, P. W. Asrabai was having a daughter from her first marriage. That daughter-P. W. Shardabai and police constable-P. W. Naresh Chakre performed love marriage which the appellant had disapproved.

(3.) The appellant had purchased three plots at Ambajogai and had sold two of them. He had shifted his residence to beed after the retirement. According to him, he had purchased one of the plot in name of P. W. Asrabai after their (Gandharva) marriage. There was dispute, however, regarding ownership of that plot. There were bickerings and quarrels between the appellant and his second wife-P. W. Asrabai. They separated from each other and there took place customary divorce between them on 24th October, 1989.