VILAS BABU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard, Mrs. Sarojini Upadhyay, Learned Counsel for the Appellant and Mrs. P.P. Shinde, Learned APP for the State.

(2.) The Appellant is challenging the Judgment and Order passed by the Ad-hoc Additional District & Sessions Judge, Thane dated 18 th August, 2001 whereby learned Judge was pleased to convict the appellant for the offence punishable under Section 302 of the Indian Penal Code and sentenced him to suffer R.I for life.

(3.) The prosecution case in brief is that the appellant was the husband of deceased women and he was residing in the house of his mother-in-law alongwith his wife and two children. The case of the prosecution is that on the date of the incident i.e. 13 th September, 2000 at about 5.00 a.m. the accused assaulted the deceased with a sickle and this fact was witnessed by his mother-in-law (PW-1) Kalubai Shantaram Gaikwad and by the brother of the deceased Ram Shantaram Gaikwad. According to the prosecution, the accused was immediately apprehended and the blood stained sickle and blood stained clothes were seized and sent to the chemical analyser. The Doctor performed the postmortem and gave his opinion that the cause of the death was due to shock due to the multiple injuries which were caused by the sickle. The investigating officer recorded the statements of the witnesses and 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.