(1.) THROUGH this Appeal, the Appellant challenges the Judgment and Order dated 30th September, 1994 passed by the Additional Sessions Judge, Nandurbar, in Sessions Case No. 36 of 1994, whereby he has been convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 500/-, in default to suffer R. I. for one month, for the offence punishable under Section 302 of the Indian Penal Code.
(2.) SHORTLY stated, the prosecution case runs as under. The Appellant is the husband of the deceased Surtabai, who was the daughter of Fulya Kama Vasave, P. W. 8. At the time of the incident, the Appellant and the deceased were staying in village Asali, taluka Akrani, district Dhule. On 6th February 1994, at about 4 p. m. , they left the house of Fulya Kama Vasave, P. W. 8. Some times thereafter, they passed through the road by the side of public well in the field of Rodwa Satya situated near a nursery. At that time, they were quarrelling and the Appellant was beating Surtabai by chappal and hands. Samkabai Chamarya Vasave, P. W. 9, who was working along with Janya Vasave, P. W. 2, Kantabai Masha Vasave, P. W. 6, and Kusumbai Kutrya Vasave, P. W. 7, noticed that Surtabai was weeping. She was giving calls to Samkabai Vasave and others to come to her rescue, but before they could reach, the Appellant threw her inside the well. He thereafter ran away. The Appellant was chased. In the meantime, these witnesses noticed Kirtya Fulya Vasave, P. W. 1, the brother of Surtabai, coming from the road. Janya told him about the incident. Thereafter, Kirtya also joined in the chase. Near village Salibar, they arrested the Appellant, brought him to the house of sarpanch in village Mokh, and tied him there with a rope.
(3.) THE evidence of Kirtya Vasave, P. W. 1, shows that thereafter the dead body of Surtabai was taken out from the well. Thereafter, he, sarpanch and the police patil went to the Police Station, Dhadgaon, where he lodged his F. I. R. affixing his thumb impression on it. The F. I. R. is at Exhibit 11.