SANJAY KESHAVRAO DHOTE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Accused-Appellant was convicted by Adhoc Additional Sessions Judge, Nagpur for having committed an offence punishable under Sections 302 and 201 of Indian Penal Code. He was sentenced to undergo imprisonment for life. ACCUSED-appellant, hereinafter shall be referred to as accused.

(2.) The facts shorn of details are as under : Bebibai the sister of Dilip was married to the accused in the year 1991. After the marriage she went to live at the house of accused at Nurapur. Since the accused did not possess any agricultural land he came in search of an employment at Nagpur. He was engaged as a Poojari in Rammandir at Nagpur. A theft occurred there and, therefore, the accused was required to leave that job and leave the house. Subsequently, Dilip the complainant who is the brother of deceased Bebibai set up a Tea Stall for the accused. THE accused ran that tea stall for some time but closed it afterwords. He thereafter went away to his village. After some years again the complainant Dilip helped the accused in setting up a tea stall at Kalamna. After running that Tea Stall for a month or so, accused closed that tea stall and went away. He had taken away the ornaments of Bebibai since he did not make any money out of business. Since the accused was not earning anything there used to be quarrels between the husband and the wife. Accused had tried to assault the deceased once but was saved by neighbours. THEreafter she came to reside with her brother. Accused expressed his remorse subsequently and both started living together once again separately. THE accused was then working in the grocery shop. THEre also he did not pull on well. He left the service and again went away to his village. Since three months prior to the incident both were living separately.

(3.) We have heard the learned counsel for the appellant-accused and the respondent-State. WE have also perused the record.