SURESH GANPAT MAKHAMALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed by the appellant-original accused against the judgment and order dated 28.03.2006 passed by the learned 3rd Ad hoc Additional Sessions Judge, Pune in Sessions Case No. 435 of 2004. By the said judgment and order, the learned Sessions Judge convicted the appellant under Section 302 of Indian Penal Code and sentenced him to imprisonment for life and to pay fine of Rs. 2000/- i.d. S.I. for two months. The prosecution case briefly stated, is as under:--

(2.) Charge came to be framed against the accused/appellant under Section 302 of Indian Penal Code. The accused/appellant pleaded not guilty to the said charge and claimed to be tried. His defence is that of total denial and false implication. After going through the evidence adduced in this case, the learned Ad hoc Additional Sessions Judge, Pune convicted and sentenced the appellant as stated in Para 1 above. Hence, this appeal.

(3.) We have heard the learned Advocate appointed 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 Advocates for the parties, the judgment delivered by the learned Ad hoc Additional Sessions Judge, Pune and the evidence on record, for the reasons stated below, we are of the opinion that the appellant poured kerosene on his wife Aruna and set her on fire.