DIGAMBAR EKNATH SHINDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is an appeal through jail. We had appointed Advocate Smt. Sharmila Kaushik for the appellant. We heard the arguments of Smt. Kaushik and learned A. P. P. Mr. Singhal. The appellant is convicted by the trial Court for offence under section 302 of the Indian Penal Code and is sentenced to suffer imprisonment for life and to pay fine of Rs. 500/- in default to suffer months R. I. The judgment of the trial Court is dated 22-6-1994.

(2.) THE facts giving rise to the aforesaid conviction are as under:-One Nagarabai is the deceased in this case. She had earlier married to one Kishan Holkar and after his death she married with the accused. They stayed together for some days. Some differences arose between them and, thereafter she started living alone in one hut in Survey No. 65 of Nigadi Gaothan. It also appears that there was no marriage between deceased Nagarabai and the accused, but the said Nagarabai was the keep of the accused.

(3.) ON 15-2-1992 the accused was seen talking with Nagrabai between 10 to 11 a. m. and, all of sudden at about 10. 50 or 11. 00 a. m. the accused inflicted injuries on her abdomen with knife. The incident was witnessed by one Surekha Kamble and Neeta Karmarkar. Thereafter the accused went directly to the Police Chowky, narrated the incident and also told them about the place of incident. He also produced a dagger which was seized from him. Thereafter the police went to the spot, they found dead body of Nagarabai, prepared inquest Panchanama; carried out further investigation, thereafter a charge-sheet came to be filed and the accused was convicted as aforesaid.