SACHIN NAGNATH SATPUTE Vs. NAGNATH GAJENDRA SATPUTE

JUDGEMENT

(1.) HEARD , Mr. D.G. Khamkar, Learned Counsel for the Appellant and Mr. J.P. Yagnik, Learned APP for the State.

(2.) THE Appellant is aggrieved by the Judgment and Order passed by the Session Court who was pleased to convict the appellant for the offence punishable under Section 302 of the Indian Penal Code.

(3.) LEARNED Counsel appearing on behalf of the appellant submitted that firstly after the charge was modified, opportunity should have been given to the Investigating Officer to further investigate the case. However, without giving any such opportunity the trial court was pleased to alter the said charge. He further submitted that once a charge under Section 302 was framed an alternate charge of abatement to commit suicide under Section 306 could not have been framed by the trial court. He submitted that the relatives of the deceased, PW.1, PW.2 and PW.3 had deposed that the deceased had committed suicide and did not make any allegation that the accused had committed murder of his wife. It is submitted that the trial court erred in convicting the appellant only on the basis of the evidence of the Doctor who has given an opinion that the death of deceased-Vaishali was homicidal. It is submitted that in order to establish the charge of murder there was no evidence led by the prosecution.