VITTHAL BASWANT GAIKWAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal takes an exception to the judgment and order dtd. 19/6/2013 passed by the Additional Sessions Judge-3, Solapur in Sessions Case No. 79 of 2012. By the impugned judgment and order, the appellant, who was accused before the trial court, has been convicted for the ofence punishable under sec. 302 of the Indian Penal Code, 1860 (for short "IPC") and sentenced to sufer Imprisonment for Life and to pay fne of Rs.10,000.00 and in default of payment of fne to sufer Rigorous Imprisonment for one year. The appellant has been further convicted for the ofence punishable under sec. 201 of the IPC and sentenced to sufer Rigorous Imprisonment for three years and to pay fne of Rs.1000.00 and in default of payment of fne, to sufer Simple Imprisonment for one month. Both the sentences are directed to run concurrently. The trial court has however, acquitted the appellant of the ofence punishable under sec. 498-A of the IPC.

(2.) The deceased Nanima was the wife of accused. On the day of incident which took place on 12/9/2011, the accused and the deceased were married for 10 years and blessed with three daughters.

(3.) According to the prosecution, the accused was addicted to liquor and he used to ill-treat the deceased under the influence of liquor. The accused was not doing any work and therefore, on that count there used to be frequent quarrels between the deceased and the accused.