SHRIKANT HANMANT BIJARGI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Being aggrieved by the judgment and order of conviction and sentence passed by the learned 1st Adhoc Additional Sessions Judge, Sangli, in Sessions Case No.154 of 2002 on 3.04.2003 the appellantaccused has preferred this appeal on the grounds mentioned in the memo of appeal as also verbally canvassed before us.

(2.) With the assistance of the learned Advocate for the appellant and the Public Prosecutor for the State we have scrutinized the entire evidence on record and reappreciated the same.

(3.) The prosecution case is that the deceased Shobha Shrikant Bijaragi was residing with accused Shrikant in Vadar colony at Sangli. Previously, she was married with one Rama Pawar and her marriage was solemnized as long as 11 years back. Initially, she was residing with her first husband Rama but during last 9 years she was residing with accused Shrikant as his wife. Deceased Shobha is having son viz. Sagar from her first husband who was also residing with deceased Shobha and accused Shrikant in the same house. Accused Shrikant is also married having wife and children and he was residing with them at Waranali in Sangli. He used to visit his wife and children frequently. However he was suspecting fidelity of deceased Shobha and was saying that she had kept sexual relations with other person. On that count he used to quarrel and abuse deceased Shobha. During one month prior to the incident, he was insisting Shobha to vacate the house taken by accused on rent basis and was threatening her to kill. Deceased Shobha had narrated this fact to her parents and her brother who are also residing at Vadar colony in Sangli. They instructed accused Shrikant not to ill treat Shobha but he continued the ill treatment.