DEEPAK DHONDIBA DESHMUKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant-original accused has preferred this appeal against the judgment and order dated 30.06.2010 passed by the Extra Joint Ad hoc Additional Sessions Judge, Thane in Sessions Case No. 18 of 2009. 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 rigorous imprisonment for life and fine of Rs. 1000/- in default, RI for three months. 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 committed the murder of his wife Ratna by assaulting her with a hard and blunt object.