CHANGDEO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) :- The instant appeal is directed against the judgment and order dated 18/11/1986 passed by the Additional Sessions Judge, Yavatmal in Sessions Case No. 52 of 1986 convicting the accused for the offence punishable under S. 302 of the Indian Penal Code and sentencing him to imprisonment for life and to pay a fine of Rs. 200/-, in default to payment of fine, to suffer rigorous imprisonment for six months.

(2.) THE appellant accused was prosecuted on the charge that on 6-2-1986 at 4 a. m. at village Belora, P. S. Yavatmal Rural he stabbed his wife Vithabai by means of a knife, who died on 9-2-1986 due to stab-injuries and thereby he committed murder intentionally or knowingly causing the death of Vithabai Deotale and thereby committed the offence under Section 302 of the Indian Penal Code.

(3.) THE prosecution story was that the appellant accused Changdeo was resident of village Belora and was married to Vithabai of village Sayphal before about 14 years. After the marriage they cohabited Belora and they have a son aged about 9 years and daughter aged about 1 years. The prosecution further alleged that there used to be quarrels between the accused and his wife and the accused was suspecting fidelity of his wife Vithabai.