SURESH DNYANDEO KATE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present appeal filed by accused-appellant, Suresh Dnyandeo Kate (hereinafter referred to as 'the appellant') arises from the judgment and order dtd. 13/3/2014 passed by Bombay High Court in Criminal Appeal No. 719 of 2009, whereby the appeal was dismissed. The conviction from the Trial Court was upheld, whereby the appellant was convicted under sec. 302 IPC[1] and sentenced to undergo imprisonment for life and pay fine of Rs.500.00.

(2.) The case of the prosecution is that appellant married Vidya (deceased) and had two children, Viraj and Manali. The appellant was working as a priest in Hanuman temple and later on he started selling Vada-Pav outside Jayashree Talkies. Both the husband and wife were suspecting each other of having an illicit relation which was the reason of frequent quarrels between them.

(3.) On 24/11/2005, the appellant brutally assaulted his wife with an iron rod which had a pointed edge (generally used for breaking coconut). At the time of the assault, the minor son and the daughter were sleeping inside the same house. They woke up as they heard their mother scream and saw their father hitting their mother. After this the appellant went to his sister's house, after locking the door from outside. In the meantime, the daughter made a phone call to her maternal uncle, Uddhav and informed him that her mother is lying in a pool of blood and her father has locked them inside the house. After this the appellant came back with his sister who took both the children to her house and Vidya was taken to YCM Hospital by the appellant.