RAVINDRA GOVIND GAWAS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant/original accused has directed this appeal against the judgment and order dated 8th April, 2005, passed by the learned Sessions Judge, Sindhudurg-Oras in Sessions Case No. 27 of 2004. By the said judgment and order, the learned Sessions Judge convicted the Appellant for the offence under Sections 302 and 323 of Indian Penal Code (I.P.C). For the offence punishable under Section 302, he was sentenced to suffer life imprisonment and fine of Rs. 5,000/- and for the offence punishable under Section 323, he was sentenced to suffer imprisonment for one month and to pay fine of Rs. 1,000/-, in default S.I. for 15 days. The prosecution case, briefly stated, is as under:

(2.) Charge came to be framed against the appellant under Sections 302 and 323 of Indian Penal Code. The appellant pleaded not guilty to the said charge and claimed to be tried. His defence is that of total denial and false implication. His further defence is that at the time of the incident he was suffering from an attack of insanity. After going through the evidence adduced in this case, the learned Sessions Judge convicted and sentenced the appellant as stated in paragraph No. 1 above, hence, this Appeal.

(3.) We have heard Dr. Yug Mohit Choudhary, the learned Advocate for the appellant and the learned A.P.P. for the Respondent - State. We have carefully perused the judgment and order as well as the evidence in this case and also considered the defence of the appellant. After carefully considering the matter, we are of the opinion that the learned Sessions Judge has rightly come to the conclusion that the appellant has caused the death of his wife Ravina by assaulting her with a wooden plank.