YAMANAPPA RAMAPPA IBRAHIMPURE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the judgment and order passed by the 2nd Ad-hoc Addl. Sessions Judge, Kolhapur dated 24th March, 2003 in Sessions Case No. 206 of 2002. By the impugned judgment, the learned trial Judge has convicted the Appellant for the offence punishable under Section 302 IPC and has sentenced him to suffer imprisonment for life and to pay a fine of Rs. 2,000/-, in default to suffer rigorous imprisonment for six months.

(2.) It is the case of the prosecution that the Appellant-accused intentionally committed murder of his wife, namely, Devaki Yamanappa Ibrahimpure between 12.00 to 18.00 p.m. on 20th July, 2002 within the limits of village Balinga in the area known as Gosavi Vasahat, Tal-Karvir, Dist. Kolhapur. It is the case of the prosecution that the accused assaulted his wife with fist blows on her person which resulted in the death of the deceased. A charge was framed against the Appellant. The accused did not plead guilty to the charge and claimed to be tried.

(3.) The deceased Devaki Yamanappa Ibrahimpure was the wife of the Appellant-accused. Prior to the incident in question, her marriage with the accused was performed six years ago. It is the case of the prosecution that after the marriage, for a period of three months the deceased resided at the house of the accused and thereafter since she was subjected to ill treatment under the influence of liquor, she went at her father's house and stayed with her father for about six years. One month prior to the incident, she returned back to the house of the accused. During the aforesaid period, the accused had telephoned to the father of the deceased Devaki Yamanappa Ibrahimpure that they are going on well. It is also the case of the prosecution that after the incident in question, a telephone call was received at the Afjalpur police station informing the police station about the murder of deceased Devaki. Thereafter there was a telephone call of Afjalpur Police Station to the police patil of village Desai Kallur. The father of the deceased was thereafter informed about the said incident. The deceased was taken to the C.P.R. Hospital. The father of the deceased reached the hospital with relatives and they found the dead body of the deceased daughter. As per the case of the prosecution, the accused on the date of the incident dated 20th July, 2002 went to the house of the sarpanch of village Balinga and informed that quarrel had taken place between him and his wife and so he had beaten her by fist and kick blows and because of the same she has become unconscious. The concerned police officer carried the investigation in the matter and submitted the charge sheet. The matter was thereafter referred to Sessions Court. The learned Judge thereafter framed the charge at Exh. 2. The accused did not plead guilty and claimed to be tried.