ATMARAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Hearing was conducted through video conferencing and the learned counsel agreed that the audio and video quality was proper.

(2.) The appellant/accused has assailed the judgment and order dated 04.09.2017 rendered by Additional Sessions Judge, Gadchiroli in Sessions Case No. 32 of 2015, by which the appellant has been convicted of offence punishable under section 302 of Indian Penal Code . The appellant is sentenced to suffer imprisonment for life and to pay a fine of Rs.500/- (Rs. Five Hundred) in default of payment to suffer further rigorous imprisonment of five months.

(3.) The case of the prosecution stated briefly is that Bharatbai is the wife of accused. The deceased Vacchalabai was her real sister. Baburao Wadengwar is the husband of deceased. The wife of the accused deserted him prior to 4 to 5 years of the incident. She started residing in her parental house at Marakbodi. Therefore, the accused was keeping anger on deceased. The incident took place on 22.11.2014. On the day of incident at about 10.00 to 10.15 a.m., the accused was going towards the lake with bullocks, carrying axe on his shoulder. The deceased was returning from call of nature through footway of the lake. The accused was proceeding towards the lake. Accused gave axe blow on the head of Vacchalabai, which resulted into her death. Bajirao (PW3) witnessed the incident. Body of Vacchalabai was found injured and in unconscious condition on the road of lake having severe head injuries. She was brought to her house. Then admitted in General Hospital, Gadchiroli. She died in the hospital on the same day at about 2:20 PM. The accused and the witnesses belong to the same village.