RAJJAK MAULASAB BAGWAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Challenge in this appeal is to judgement rendered by learned Additional Sessions Judge, Latur, in Sessions Case No. 47 of 2005 whereby appellant is convicted for offence punishable under section 307 of the I.P. Code and sentenced to suffer rigorous imprisonment for seven (7) years and to pay fine of Rs. 1000/-, in default to suffer rigorous imprisonment for six (6) months more.

(2.) There is no dispute about the fact that injured Kausarbi is wife of the appellant. She used to reside in rented premises of one Kantabai Suryawanshi in Shrikrishna Nagar locality at Latur. The appellant is a banana vendor. He used to reside at Pune for his business of banana vending. He used to visit his family members after interval of about 1/2 months. He used to reside with them for a short duration and again used to return to Pune for attending his business. Injured Kausarbi and her major sons used to earn their livelihood by doing manual work.

(3.) The prosecution case, briefly stated, is that the appellant was addicted to liquor drinking. He used to pick up quarrels with the wife (Kausarbi) and beat her. He was staying with the wife and the sons since about couple of months prior to the incident. Marriage of his eldest son by name Vasim, was scheduled on 28th April, 2005. The appellant was asking for handing over the amount of dowry which was received for the purpose of said marriage. Injured Kausarbi had refused to handover such amount to him.