RAJARAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant is a life convict. The Appellant challenges the Judgment and order of conviction and sentence passed by the trial Court for an offence punishable under Section 302 of the Indian Penal Code.

(2.) The Prosecution Case In Brief Is That The Appellant Rajaram married Gangubai before thirty years of the incident in question. They were having two sons and two daughters out of the said wedlock. The couple was residing at Khudaj Shivhar, in a hut called Akhada situated in their field. The sons were staying in another field situated in Khilar Shivhar. One of the grand son, Dnyaneshwar was staying with Rajaram and deceased Gangubai. One of the sons of the Appellant was not surviving at the relevant time. The prosecution case is that the Appellant was suspecting character of his wife Gangubai.

(3.) The incident took place on 18th May, 2009. On the day of incident Appellant Rajaram returned to Khudaj Shivhar in the early morning. Deceased Gangubai offered him tea. Thereafter Rajaram asked for bread (Bhakri). After having bread, Rajaram started abusing his wife. He pelted stone on the head of Gangubai. She fell down in front of the house. Thereafter Rajaram, with the help of axe, assaulted the deceased on her neck and arm, due to which she suffered serious injuries and died on the spot. At the relevant time, father of the Appellant, namely, Shripati was present in the hut. After seeing the incident, he fled away.