SURESH LADAK BHAGAT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant herein is convicted for the offence punishable under sec. 302 of Indian Penal code and sentenced to suffer R.I. for life and fine of Rs.5,000.00 by the Additional Sessions, Palghar in Sessions Case No.5 of 2011 vide judgment and order dtd. 16/8/2013. Hence, this appeal.

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

(3.) PW.1 - Laxman Bhoye has stated before the Court that on the day of incident, he was at his home when the villagers informed him frantically that the appellant has killed his wife. PW.1 had visited the house of the appellant. He saw that Suresh was seated next to his dead wife. In his substantive evidence he has not deposed about the disclosure statement made by the accused to him on the night of 17 th. However, he has not referred to the extra-judicial confession made by the accused and has deposed before the Court that upon inquiry of the said incident, the accused told him that his wife was dead. The witness is therefore declared hostile. However, the witness has admitted to have stated the contents of the FIR before the Police.