MAHENDRA TULARAM DESHMUKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant feels aggrieved by the judgment and order passed by learned Additional Sessions Judge, Gondia on 5th November, 2012 in Sessions Trial No.116 of 2009. The appellant has been convicted for the offence punishable under Section 304II of the Indian Penal Code and has been sentenced to suffer rigorous imprisonment for six years and to pay fine of rupees five thousand in default to suffer simple imprisonment for six months.

(2.) The appellant was prosecuted for the offence punishable under Section 302 of the Indian Penal Code for having committed murder of his wife Nirmala Deshmukh at village Dahegaon at the house where the appellant and the deceased were staying.

(3.) The case of the prosecution, in brief, is that the appellant and the deceased were staying in their house at Dehegaon. They were together in the night intervening 4th August, 2009 and 5th August, 2009. The deceased was found dead in the said premises with as many as three incised wounds and few multiple abrasions. She had died due to head injury. It is the case of prosecution that the deceased and the appellant both were alone in the house and that the appellant therefore, was responsible for death of his wife. The evidence collected during investigation was recovery of an axe on the basis of statement made by the appellant during the course of investigation. As already stated, the incident had occurred on the night intervening 4th August, and 5th August, 2009. The weapon was recovered from the house of the appellant where the dead body was found. It is alleged that the weapon was recovered on the basis of the statement made by the appellant while he was in police custody on 5th August, 2009. The clothes of the appellant were also seized and they were sent to the Chemical Analyzer for his opinion. The blood sample from the dead body was also collected and it was also sent for investigation. The blood group of the deceased was 'A' and blood group of the blood found on the clothes of the appellant was also 'A'. It is, therefore, the case of the prosecution that the appellant had used the axe for causing stab injuries to the deceased and in the process he had sustained blood stains on his clothes. No blood was found by the Chemical Analyzer on the axe.