SATISH HIRANNA PUJARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned counsel appearing on behalf of the Appellant and the learned APP for the State.

(2.) The Appellant has been convicted by the Sessions Court vide judgment and order dated 29 th April,2004 for the offence punishable under section 302 of the Indian Penal Code and sentenced to suffer imprisonment for life and to pay fine of Rs.1,000/- and, in default, to further suffer R.I. for six months.

(3.) The prosecution case in brief is that the Appellant was residing with his wife and two children on the mezzanine floor of a room which was given by PW- 2 Smt. Indrava Madhukar Upaskar on rent. According to the prosecution, on the date of the incident, the PW-2 had seen the Appellant -Accused in the house along with his wife at 7.00 p.m. and, thereafter, she went to sleep at 9.00 p.m. and at 1 0'clock she went to the house to ask for some food since her grand-son was hungry and saw that the door was bolted from outside. She, thereafter, opened the door and found that the wife of the Appellant was lying on the cot and she was motionless and she could realize that the wife of the Appellant was not in a good condition. She, therefore, called the mother of the deceased Lucy Gopal Pujari, who came there and, thereafter, a complaint was lodged with the police. Accused came to the spot soon thereafter and he was promptly arrested by the police. Statements of the witnesses were recorded. Charge was framed. The Accused has pleaded not guilty. The Trial Court on the basis of the evidence adduced by the prosecution, was pleased to convict the Appellant for the offence punishable under section 302 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for life.