VILAS SHANKAR BHILARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant feels aggrieved by the judgment and sat order dated 7th May, 2004 passed by the 2 nd Ad-hoc Additional Sessions Judge, Raigad. The appellant has been convicted by the learned trial Judge for the offence punishable u/s. 302 of IPC and has been sentenced to suffer imprisonment for life and to pay a fine of Rs.4000/-, in default, to undergo SI for four months. It was further directed that an amount of Rs.3000/- be given to the legal representative of the deceased Anil Bhilare from the fine amount recovered from the appellant.

(2.) The appellant was resident of Kalamboshi wadi, Taluka Pali, District Raigad. The appellant was earlier prosecuted for the offence punishable u/s. 302 of IPC for allegedly having committed murder of his wife suspecting that she had illicit relations with the deceased Anil Bhilare. In the present appeal, the appellant is accused of having committed murder of said Anil Bhilare (hereinafter referred to as 'the deceased'). It is also the case of prosecution that an attempt was made on the life of the deceased also by the appellant when he had allegedly committed murder of his wife. He was prosecutedsat for the said offence. However at the conclusion of trial he was acquitted of the charge of committing the murder of his wife.

(3.) It is a case of prosecution that the appellant wanted to eliminate the deceased because of his alleged illicit relations with his deceased wife. This according to prosecution was motive behind the crime. The appellant and deceased were staying in the same locality in the same village. The appellant was waiting for a proper opportunity to eliminate the deceased.