LAWS(BOM)-2021-2-24

KRISHNA MAHADEV CHAVAN Vs. STATE OF MAHARASHTRA

Decided On February 12, 2021
Krishna Mahadev Chavan Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) This appeal takes exception to the judgment and order dated 23 rd April 2015 in Sessions Case No.9/2014 passed by the learned Additional Sessions Judge, Vaduj, whereby the accused-appellant came to be convicted for the offence punishable under section 302 of the Indian Penal Code, 1860 ('the Penal Code') and sentenced to suffer imprisonment for life and pay a fine of Rs.1,000/- with default stipulation, for having committed murder of his wife Sunita alias Sunanda ('the deceased').

(2.) Shorn of superfluities, the indictment against the accused runs as under :-

(3.) Crime was registered at C.R.No.45/2013 for the offence punishable under section 302 of the Penal Code. The investigating officer visited the scene of occurrence. Inquest on the body of the deceased was held. The scene of occurrence panchnama was drawn and the incriminating articles were seized thereunder. The dead body was sent for post-mortem examination. The deceased was then carrying six months pregnancy. The occurrence resulted in the death of quick unborn child as well. The investigating officer interrogated the witnesses and recorded their statements. The accused came to be arrested. The accused made discovery leading to the recovery of the clothes which he wore at the time of occurrence. After finding the complicity of the accused, report under section 173 of the Code of Criminal Procedure, 1973 ('the Code') was lodged in the court of juridictional Magistrate.