RAJKUAMR YELLAPPA SARVADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant-original accused in S.C. No. 88 of 2007 assails the judgment and order dated 30th November, 2007 passed by the learned Additional Sessions Judge, Solapur, convicting him for committing the murder of his wife Sau. Rukhimini and sentencing him to suffer life imprisonment and to pay a fine of Rs. 1,000/- and in default of payment of fine, to undergo further rigorous imprisonment for six months. According to the prosecution, the first informant PW 3 Rahul Sarvade of age 15, is eldest son of the appellant and deceased Rukhmini. First informant along with his parents, two brothers and a sister were residing at Madi Vasti, Solapur. PW 3 was studying in 7th Standard in Kastura High School. The appellant was working as a Coolie and Rukhmini as maidservant. During Navratri festival, the appellant and deceased has run a stall for sale of Tamarind, Kumkum, Coconut, Sugar, Agarbatti etc. required for performing pooja at Rupabhavani Temple at Tuljapur. An amount of Rs. 2000/- out of the earning from the said business were balance with deceased.

(2.) The appellant pleaded not guilty to charge Exh. 3 for such offences framed against him by the learned Additional Sessions Judge, after the case was committed to the Court of Session.

(3.) The prosecution examined in all 12 witnesses at the trial i.e. above referred witnesses and additionally PW 1 Prakash Kamble, who have drawn the map Exh. 13 of the spot, panch witnesses PW 2 Balasaheb Sarvade for spot panchanama, PW 4 Santaji Bhole for seizure of the clothes of the appellant vide panchanama Exh. 19, PW 5 Daudkar for seizure of the saree of the victim produced by PW 3 under panchanama Exh. 21 and Police Constable PW 8 Patil, who had carried muddemal articles as mentioned in forwarding letter Exh. 31 to Chemical Analyser, PW 9 Rathod, who had caught the appellant with blood stained sickle at Painter Chowk and produced along with his report Exh. 33 at Jail Road Police Station and PW 10 Rathod regarding publication of the prohibitory order promulgated by DCP.