DHANAJI DIGAMBAR GAIKWAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed by the appellant-original accused against the judgment and order dated 31.8.2005 passed by the learned 4th Ad hoc Additional Sessions Judge, Gr. Bombay at Seweree in Sessions Case No. 250 of 2004. By the said judgment and order, the learned Sessions Judge convicted the appellant under Section 302 of IPC and sentenced him to RI for life and to pay a fine of Rs. 1000/- in default RI for six months. The prosecution case briefly stated, is as under:

(2.) Charge came to be framed against the appellant under Section 302 of IPC. The appellant pleaded not guilty to the said charge and claimed to be tried. The defence of the appellant is that of total denial and false implication. After going through the evidence adduced by the prosecution, the learned Sessions Judge convicted and sentenced the appellant as stated in para 1 above. Hence, this appeal.

(3.) We have heard the learned counsel for the appellant and the learned APP. for the State. After giving our anxious consideration to the facts and circumstances of the case, arguments advanced by the learned counsel for the parties, the judgment delivered by the learned Sessions Judge and the evidence on record, we are of the opinion that the appellant assaulted his wife Sakharabai with stone on her head and caused her death.