SHRI DEEPAK M. DESHMUKH. vs THE STATE OF MAHARASHTRA .

Judgment text excerpt

cr.apeal-703-1999.doc Shailaja IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.703 OF 1999 Deepak Manohar Deshmukh ] Residing at Satav Wadi, Hadapasar ] Pune. ] Appellant Vs. The State of Maharashtra ] Respondent ….. Mr. Rajendra Shirodkar, Senior Advocate i/b Mr. Nihar Ghag, for Appellant. Dr. D.S. Krishnaiyer, A.P.P, for Respondent – State. ….. CORAM : PRITHVIRAJ K. CHAVAN, J. DATE : 6th February, 2025. JUDGMENT: 1. Feeling aggrieved with and dissatisfied by the judgment and order of conviction and sentence rendered by the Additional Sessions Judge, Pune in Sessions Case No.145 of 1998 on 7 th December, 1999 convicting the appellant for the offences punishable under sections 498-A and 306 of the Indian Penal Code, 1860 (for short “I.P.C”), this appeal has been preferred. SHAILAJA Digitally signed by SHAILAJA SHRIKANT 1 of 22 SHRIKANT HALKUDE Date: 2025.02.12 HALKUDE 18:41:58 +0530 cr.apeal-703-1999.doc 2. Shorne of unnecessary details, a few facts germane for disposal of this appeal are summarized as follows. 3. Deceased Sharmila got married to the appellant on 27 th July, 1994 at Pune. It was an arranged marriage. After the said marriage, Sharmila started cohabiting with the appellant at Satav Wadi, Hadapsar, Pune which was her matrimonial house. From the said wedlock, the couple was blessed with a son by name Arjun who was two years old at the time of the incident. However, since his birth, Arjun was staying with parents of Sharmila at Pune. Sharmila was working as Clerk in the Education Department whereas the appellant was employed as teacher in a School at Hadapsar. 4. Immediately after marriage, the appellant started feeling suspicion, in the sense, he was suspecting fidelity and character of Sharmila and, on that coun