HARIDAS NAVNATH SATPUTE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appeal is preferred against the judgment and order dated 30th November, 2007 passed by the learned Ad hoc Addl. Sessions Judge, Solapur, convicting the appellant for committing murder of his wife Kusum by assaulting her with sickle/khurpe on 16th July, 2006 and causing her injuries at neck resulting in her death on 23rd July, 2006 beneath the Tamarind tree in field of Ramling Shinde and on said count sentencing him to suffer imprisonment for life. According to the prosecution, victim the daughter of PW1 Gajrabai, about 6-7 years prior to the occurring of the incident on 16th July, 2006 had married the appellant. Since marriage she was residing along with the appellant, father-in-law Navnath, brother-in-law Govind and others at village Tadsoundane, Tal. Barshi, Dist. Solapur. The couple had two daughters out of said wedlock. Kusum visiting house of parents on festivals, used to complain regarding ill-treatment from the appellant upon suspicion of her fidelity. PW1 in a hope of improving behaviour of the appellant, after pacifying Kusum was sending her to matrimonial house.

(2.) The appellant pleaded not guilty to the charge (Exh. 3) framed against him for the offence u/ss. 302, 504 and 506 of I.P.C. by the Court of Sessions, after the case was committed to said Court. The prosecution at trial examined abovereferred '12' witnesses and also relied upon documentary evidence prepared during the course of investigation. The defence of the appellant was that of total denial and false implication.

(3.) The trial Court after appreciation of the prosecution evidence came to the conclusion that the prosecution has established that Kusum met with homicidal death and the appellant was responsible for causing injuries which has led to her death. In consonance with such conclusion arrived, the trial Court convicted and sentenced the appellant as narrated hereinabove. However, the trial Court acquitted the appellant from the charge of having committed the offence under Sections 504 and 506 of I.P.C.