KUSHA LAXMAN WAGHMARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Aggrieved by the judgment and order dated 09.01.2004 passed by the High Court of Judicature at Bombay passed in Criminal Appeal No.385 of 1999<SLINK_NO>1</SLINK_NO>, this jail appeal by special leave has been filed by the accused. By the impugned judgment, the High Court affirmed and upheld the judgment of conviction passed by the Sessions Judge of Raigad at Alibag in Sessions Case No. 127 of 1998 and sentenced the accused-appellant to undergo imprisonment for life and pay fine of Rs.1,000/- with default clause.

(2.) The allegation as per the prosecution case is that appellant killed his wife Anusuya by means of wooden bar, hitting her very severely on the chest and at the back. Because of severe beating, there was internal bleeding and as a result thereof, she died. A First Information Report (for short, 'FIR') was lodged and after usual investigation, police submitted the charge-sheet against the appellant under Section 302 of the Indian Penal Code (in short, 'IPC').

(3.) PW-1 Devram Satu Waghmare who was police Patil of village Pilosari, deposed that in his absence the appellant visited his house and made a voluntary confession to his wife PW-2 Sunita that he had killed his wife. On getting the information, PW-1 immediately reached the spot of incident and there he found the appellant sitting beside the dead body of his wife. The appellant also narrated the story to PW-1 and confessed that he killed his wife. PW-1 then telephoned the police station from where the inspector of police arrived and arrested the accused.