NAMDEO RAOJI YERME Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant was tried for the murder of his wife under section 302 of the Indian Penal Code. The prosecution had examined five witnesses in support of the charge. The learned Additional Sessions Judge, Gadchiroli accepted the prosecution evidence and convicted the appellant under section 302 of the Indian Penal Code vide judgment dated 10-4-1997. The appellant has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 500/-, in default, to suffer further R. I. for three months. The appellant challenges his conviction and sentence imposed on him.

(2.) LEARNED Advocate Mrs. Jaishree Yangal was appointed in the Legal Aid Scheme to argue the matter on behalf of the appellant and learned A. P. P. Shri Mirza on behalf of the State.

(3.) THE prosecution case, in brief, is that the appellant had married deceased about five six months prior to the incident in question and on the date of the incident the appellant insisted that the deceased should come along with him to forest for cutting wood. Accordingly, they went to the forest. Subsequently, P. W. 2 Shobha and P. W. 3 Bhagyaratha had also gone in the jungle to collect wood and they saw the appellant and the deceased breaking wood. Both the said witnesses returned to the house, but neither the appellant nor deceased Sumitra returned from the forest. On the next day, the dead body of the deceased was found in the jungle. The appellant had absconded and was arrested on 10-2-1993. The incident in question had taken place on 11-12-1991.