NANDU DADA SURVASE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant herein is convicted for the offence punishable under sec. 302 of the Indian Penal Code and sentenced to suffer imprisonment for life and to pay a fine of Rs.5,000.00 (Five Thousand only), in default to suffer further RI for three months vide judgment and order passed by the learned Additional Sessions Judge, Pandharpur in Sessions Case No.83 of 2009 in Crime No.232 of 2009. Hence, this appeal.

(2.) Such of the facts necessary for the decision of this appeal are as under :-

(3.) P.W.5 - Narayan Salunkhe, the complainant has proved the contents of the FIR. He has stated before the Court that his daughter Shakuntala was being harassed and ill-treated at the hands of the accused since he suspected her chastity. That, he used to abuse and assault her under the influence of alcohol. It is in these circumstances that she had withdrawn herself from the society of her husband and had started working as an agricultural labour. In the course of working as an agricultural labour, on one occasion, her left hand was fractured. She was unable to work and therefore, she had started working as a maid. She was residing at Karad Naka and her children were studying in Ashram School. However, her children visited her during the vacation. That, on the eve of Gauri Ganapati, his daughter Shakuntala had been to the house of Rajabai with idols of Laxmi. When she was at the bus stop near Gandage vasti her husband gave her blow of scythe on her neck, despite her cry for help nobody had rescued her.