JAIPRAKASH DAJIBA JANBANDHU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By present appeal, appellant has thrown challenge to judgment and order dated 16-3-2004 convicting him for committing murder of his wife Sau. Yashodhara and sentencing him to suffer imprisonment for life and to pay a fine of Rs. 1,000/- and i/d to suffer RI for 6 months passed by learned 3rd Ad-hoc Additional Sessions Judge, Chandrapur in Sessions Trial No. 81/2003 of the said Court. Shantabai, sister of appellant i.e. accused No. 3 and her husband Sayaji accused No. 2 facing the said trial along with appellant were acquitted at the said trial.

(2.) The said trial has arisen out of charge-sheet submitted by Police Station, Chimur in the Court of JMFC, Chimur against appellant, husband of his sister and sister as a result of investigation of FIR No. 32/2003 dated 17-4-2003 registered with Chimur Police Station by PW8 PI Madavi for offence under section 302 read with 34 of Indian Penal Code against appellant and said two accused on the basis of Occurrence No. 59/2003 registered by him on same day at 10.45 hours with Out-Post Neri upon report Exh.30 given by PW2 Yashkumar Karade, brother of deceased Yashodhara, regarding her murder committed in between 1.30 to 2.00 hours in house of appellant at mouza Neri.

(3.) The prosecution case, in brief, as revealed from the record is as under:-