RAMU APPA MAHAPATAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment and order dtd. 2/12/2010 passed by the High Court of Bombay at Bombay (High Court) in Criminal Appeal No. 252 of 2005 (Ramu Appa Mahapatar Vs. State of Maharashtra) whereby the High Court dismissed Criminal Appeal No. 252 of 2005 filed by the appellant.

(2.) Be it stated that the aforesaid criminal appeal was preferred against the judgment and order dtd. 15/10/2004 passed by the First Ad-hoc Additional District and Sessions Judge, Thane (Sessions Judge) in Sessions Case No. 52 of 2004 whereby and whereunder appellant was convicted under Sec. 302 of the Indian Penal Code, 1861 (IPC) and sentenced to suffer rigorous imprisonment (RI) for life and to pay fine of Rs.1,000.00, in default to suffer RI for 3 months.

(3.) Prosecution case in brief is that appellant lived with deceased Manda; it was a live-in relationship. Both of them were living in a chawl of PW-1 Ravinder Gopal Jadhav, who was the landlord. Appellant informed PW-1 that his wife had expired and that he was going to her parents' house at Dipchale village to inform them. Thereafter, appellant alongwith his son went to Dipchale village where appellant met the brother of the deceased, Bhagwan i.e. PW-3. Appellant told PW-3 in the presence of Shankar PW-6, Pandhari PW-5 and Chanda Bai PW-4 that there was a quarrel between him and Manda following which he had assaulted Manda who succumbed to the injuries.