MAHENDRA VASUDEO GAVAS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Appeal is against conviction questioning legality of Judgment dtd. 25/4/2011 delivered by Court of Additional Sessions Judge, Sindhudurg at Oros in Sessions Case No. 16 of 2009, convicting Appellant for offence punishable under Sec. 302 of Indian Penal Code (for short, 'IPC'); sentencing him to undergo imprisonment for life and pay fine of Rs.5,000.00 and in default of payment of fine, to suffer rigorous imprisonment for 3 months. Appellant is also convicted under Sec. 324 IPC and sentenced to undergo concurrent rigorous imprisonment for 6 months concurrently.

(2.) Appellant is the sole accused. Appellant faced trial for offence punishable under Ss. 302 and 324 IPC for having caused death of his wife Mayuri by assaulting her with a weapon '" Pal Koyta (scythe) on her neck and waist in the courtyard of his residence at about 7.00 a.m. in the morning of 12/1/2009 (first incident) and thereafter assaulting (P.W. 9) - Prakash Fati Gavas (neighbour) with the same weapon - (second incident), with the intention and knowledge of causing death of the victims.

(3.) Facts from the prosecution case which emerge for consideration are as follows:-