HANMANT NAGNATH SURWASE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Appeal has been preferred against the judgment of conviction and order of sentence passed by the learned 1st Ad-hoc Additional Sessions Judge, Solapur in Sessions Case No. 188 of 2011 on 25th April, 2012, convicting the appellant/accused for the offence under Section 302 of the Indian Penal Code (for short "IPC") and sentencing him to undergo rigorous imprisonment for life and to pay fine of Rs.1000/- (Rupees One thousand only), in default, to further suffer rigorous imprisonment for three months.

(2.) Briefly stated the prosecution case is that PW-3, namely, Shahaji Sajjanrao Patil, Ex-Police Patil, resident of Bibi Darphal, Taluka- Uttar Solapur, District-Solapur, gave his report to PW-13, namely, Dilip Pandu Jadhav, PSO of Taluka Police Station, Solapur on 07/05/2011 at 07.35 a.m. to this effect, that Hanmant Nagnath Surwase i.e. appellant/ accused was residing as a tenant in the premises of one Dattatray Bujang Shendge (PW-5) of his village. On 07/05/2011, at about 6-30 a.m., he received a call on his mobile from Taluka Police Station, Solapur informing him that accused has approached the Police Station with an intimation that he had killed his wife ("the deceased" for short) on the ground of her infidelity by means of a sickle and therefore, he should go to the house of accused to ascertain and verify the true facts. The informant accordingly went to the premises of Dattatray Shendge and found that the house of accused was latched from outside. The informant then summoned Dattatray Shendge and after removing the latch of the house peeped inside and found the dead body of accused's wife on a cot. There was a serious injury on her neck. There was pool of blood on the cot and around it. A blood stained sickle used for cutting of sugarcane crop was lying there.

(3.) The informant then went to the Police Station where he saw the accused present there and on being enquired, he came to know from the accused himself that he (accused) had committed the murder of his wife at about 2-30 a.m. on 07/05/2011 while his wife was asleep.