VISHWANATH MADHUKAR SHELAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned counsel appearing on behalf of the Appellant and the learned APP appearing on behalf of the Respondent-State. The Appellant is the original Accused who was convicted by the 3rd Ad-Hoc Additional Sessions Judge, Kolhapur for he offence punishable under section 302 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for life. He was also directed to pay fine of Rs. 500/-, in default to suffer simple imprisonment for one month.

(2.) The brief facts are that the Appellant married the deceased Kalpana after his first wife Pushpa expired. The Appellant had one daughter and one son from his first marriage and one son from the second marriage. The Accused was running a Panshop, which was situated at a distance of 1 Km. from his house.

(3.) The prosecution case is that on 9-1-2004, the complainant Ganpati Krishna Kirolkar went to the house of the Accused and met the Appellant's wife Kalpana and thereafter he took meal at about 9.00 p. m. According to the prosecution case, Accused came back at about 10.00 p. m. ; he picked up quarrel with his wife and thereafter he took out a knife from his pocket and gave two blows on her chest and stomach with the said knife and he thereafter ran away.