SHANTARAM NAGO UPHADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BEING aggrieved by the order dated 12.12.1997 passed in Sessions Case No. 277/95 convicting the accused under section 302 of I. P. C. the appellant-accused has preferred this appeal on the grounds mentioned in the memo of appeal as also very strenuously canvassed by Shri Shetye, learned advocate appointed to represent the appellant-accused.

(2.) WITH the assistance of the learned counsel for the accused and the learned A. P. P. we have scrutinized the entire record and reappreciated the evidence on record. The prosecution story as emerges from our reappreciation of evidence stated briefly is that the accused moved to Kalwa from Thane town with his wife Godabai and son to do labour work. However he was not regularly employed. He was given to vices and used to quarrel with his wife very often. On 11.7.1994 at about4. 00 a. m. there was a quarrel between the accused and his wife Godabai. Enraged by the untimely quarrel started by the wife Godabai the accused picked up a spade from the house and hit the wife on her head due to which she died. The accused thereafter collected some luggage, his children and left the house. On 13th July, the landlord complained about the smell coming from the room occupied by the accused and his family and therefore police was called and the room was opened whereupon dead body was discovered. Since the death was obviously violent and homicidal investigation was taken up and ultimately the accused after arrest was prosecuted and convicted under section 302 for having committed murder of his wife.

(3.) P. W. 3/ex. 13/rp 43 - Shantabai Vikas Kamble was the sister of the accused who naturally has turned hostile and was so declared. She has rescinded from her earlier statement given to the police that the accused committed the offence.