AMBADAS CHANDRAKANT AARETLA vs THE STATE OF MAHARASHTRA

Judgment text excerpt

P.H. Jayani 904 APEAL431.2016.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 431 of 2016 WITH INTERIM APPLICATION NO. 985 OF 2024 WITH INTERIM APPLICATION NO. 2582 OF 2021 IN CRIMINAL APPEAL NO. 431 OF 2016 Ambadas Chandrakant Aaretta Age 48 years, R/at : H.No.152/3, Ganga Chowk, Neelam Nagar-3, Solapur, at present lodged at Kolhapur Central Prison, Kalamba, Solapur ….. Appellant Vs. The State of Maharashtra (Through Senior Inspector of Police, MIDC Police Station, Solapur in C.R.No.30 of 2014) ….. Respondent Ms. Nasreen Ayubi for the Appellant. Ms. Sharmila Kaushik, APP for the Respondent-State. CORAM : SARANG V. KOTWAL AND SHYAM C. CHANDAK, JJ. DATED : 12th JUNE, 2025 JUDGMENT : (Per : Sarang V. Kotwal, J.):- . The Appellant was the sole accused in Sessions Case No.168/2014 before the learned Sessions Judge, Solapur. The learned Judge vide his Judgment and Order dated 03/12/2014 convicted the 1/17 P.H. Jayani 904 APEAL431.2016.doc Appellant for commission of the offence punishable under Section 302 of the Indian Penal Code, 1860. He was sentenced to suffer life imprisonment and to pay a fine of Rs.5,000/- and in default of payment of fine, he was directed to undergo further rigorous imprisonment for six months. 2) Heard Ms. Nasreen Ayubi, learned Counsel for the Appellant and Ms. Sharmila Kaushik, learned APP for the State. 3) The prosecution case is that the Appellant and his wife – Pushpa were married for about 16 years. The Appellant was a tailor by profession. However, he was not looking after his family. He used to disappear for months. He was addicted to gambling. He was neglecting his family. His wife Pushpa used to earn livelihood for their two daughters and a son. She used to roll bidis to earn their liveliho