(1.) The appellant-original accused has preferred this appeal against the judgment and Order dated 04.09.2010 passed by the Additional Sessions Judge, Pune in Sessions Case No. 175 of 2007. By the said judgment and order, the learned Sessions Judge convicted the appellant for the offence punishable under Section 302 of IPC and sentenced him to suffer imprisonment for life. 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. His defence is that of total denial and false implication. After going through the evidence adduced in this case, the learned Sessions Judge convicted and sentenced the appellant as stated in paragraph 1 above, hence, this appeal.
(3.) We have heard the learned Advocate 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 Sessions Judge and the evidence on record, for the reasons stated below, we are of the opinion that appellant assaulted his wife with a tile as well as sickle and caused her death.