RAMU NATHU JADHAV Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant herein is convicted of the offence punishable under Section 302 of Indian Penal Code and has been sentenced to suffer imprisonment for life and to pay fine of Rs. 2,500/- i.d. R.I. for one year, by Second Ad-hoc Sessions Judge, Thane in Sessions Case No. 359 of 2005 by Judgment and Order dated 24th January, 2006. Being aggrieved by the said Judgment and Order, the present Appellant has preferred this Appeal though jail. Such of the facts which are necessary for the decision of this Appeal are as follows:

(2.) The husband of the complainant succumbed to the injury in the intervening night of 2nd and 3rd May, 2005 and hence, Section 302 of Indian Penal Code was added. The accused was arrested on 4th May, 2005. Since then, he is in jail. The investigation was completed. The charge-sheet was filed on 30th July, 2005. The case was committed to the Court of Sessions and registered as Sessions Case No. 359 of 2005. The prosecution examined six witnesses to bring home the guilt to the accused.

(3.) P.W. 1 Mathibai is the second wife of deceased Ambo. She has deposed that after returning from village Bhandapada at about 11 p.m., her husband had been to the house of the accused and demanded his half share. She has deposed before the Court that on such demand the "accused got enraged, thereupon entered in his house and brought a wooden log and inflicted its blow on the head of her husband." She was confronted with the FIR and the said portion marked "A" is elicited as contradiction as she had stated in the FIR that he had picked up a wooden log from the spot and assaulted her husband. She has admitted that her husband had gone to the house of accused for asking his share. The spot of incident is outside the house of the accused. The incident has occurred at 11 p.m. in front of the house of the accused, in a sudden fit of rage and therefore, one thing is certain that the act committed by the accused was not predetermined or premeditated and is occurred on the spur of the moment.