BARKU TULSHIRAM MORE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant/original Appellant has directed this Appeal against the Judgment and order dated 14 th March, 2005, passed by the learned First Adhoc Additional Sessions Judge Nashik, in Sessions Case No.138 of 2004. By the said Judgment and order, the learned Sessions Judge convicted the Appellant under Section 302 of the Indian Penal Code (IPC) and sentenced him to R.I. for life and to pay fine of Rs.200/ in default R.I. for one month.

(2.) The prosecution case, briefly stated, is as under :

(3.) Charge came to be framed against the Appellantoriginal Accused under Section 302 of the Indian Penal Code (IPC), for causing the death of his wife Laxmibai and for causing the death of his fatherinlaw Karbhari. The accused pleaded not guilty to the said charge and claimed to be tried. His defence is of total denial and false implication. His further defence is that on the day of the incident in the night he had gone to attend the call of nature. When he returned back, he saw his wife Laxmibai and his fatherinlaw Karbhari having sexual intercourse. Hence, he picked up a stone and hit both of them on the head and killed them. After going through the evidence adduced by the prosecution and the defence raised by the Appellant, the learned Sessions Judge convicted and sentenced the Appellant as stated in paragraph No.1 above, hence this Appeal.