KAMLYA DEHU WAGHMARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this Appeal the appellant takes exception to judgment and order dated 18 th September, 2006 passed by Additional Sessions Judge, Raigad, Alibag in Sessions Case No. 78/2006 convicting the appellant ('the accused' for short) for the offence punishable under Section 302 IPC and sentencing him to imprisonment for life and to pay fine of Rs. 200/- and in default to undergo RI for six months.

(2.) Briefly the prosecution case is as under:- The accused was living with his wife and children at Village Ransai, Adivasiwadi in Khalapur Tehsil. On 14 th March, 2006 it was a "Holi" day. The accused wanted his wife Tara to cook food but she refused and, therefore, the accused started beating her with sticks on account of which his wife suffered head injuries and died due to intra cerebral and extra cerebral hemorrhage. PW3 Narayan Pawar who returned to his house in the morning of 15 th March, 2006 after celebrating Holi found Tara lying dead and the accused sitting nearby. The Sarpanch of the village was informed who in turn gave telephone call to police. The police came to the spot and recorded the First Information Report Exhibit 8 of Janu Pangya Waghmare on the basis of which the offence under Section 302 IPC was registered against the accused. Thereafter, the inquest punchnama and scene of offence punchnama were drawn and dead body of Tara was sent to Medical Officer of Khalapur for postmortem examination. In the course of investigation blood stained shirt of the accused was attached and the accused was arrested. The statements of several witnesses were recorded. The Muddemal articles seized during investigation were sent to the Chemical Analyser for analysis. After completion of the investigation chargesheet was filed in the Court of JMFC Khalapur against the accused for the offence punishable under Section 302 IPC. Since the case was exclusively triable by the Court of Sessions, the case was committed to the Court of Sessions.

(3.) In Sessions Case No. 78/2006 which was made over to Additional Sessions Judge, charge was framed against the accused under Section 302 IPC. The accused pleaded not guilty to the charge and claimed to be tried. The prosecution examined seven witnesses in support of the charge. The statement of the accused under Section 313 Cr. PC was recorded. The accused did not lead any evidence. Upon appreciation of the evidence led by the prosecution, the learned trial Judge held that the offence punishable under Section 302 IPC was proved beyond reasonable doubt against the accused and convicted and sentenced the accused as above.