SUDHAKAR KRISHNA UTHEKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant-original accused assails the judgment and order dated 24th March, 2006 passed by the learned Sessions Judge, Raigad-Alibag in Sessions Case No. 176 of 2003, convicting him for committing the murder of his wife and sentencing him to suffer imprisonment for life and to pay a fine of Rs. 100/-, and in default of payment of fine to undergo simple imprisonment for seven days. According to prosecution, the appellant alongwith wife Archana and two sons Sujit and Ajit was residing at Boravale, Taluka Poladpur, Dist. Raigad. The appellant was often falling sick and used to quarrel with Archana on suspicion of herself having committed some sort of witchcraft upon him.

(2.) The appellant pleaded not guilty to the charge (Exh. 21) framed against him by the Court of Sessions for the offence of committing murder of wife Archana, after the case was committed to the said Court. The prosecution examined in all above-referred four witnesses at the trial. The defence of the appellant was of total denial and false implication. Significantly enough, the appellant during his examination under Section 313 of Cr.P.C., admitted that he had been to the house of PW 1 alongwith deceased Archana as guest.

(3.) The trial Court after assessment of the prosecution evidence came to the conclusion that Archana had met with homicidal death and the appellant had committed her murder by hitting stone upon her head and in-consonance with such finding arrived, the trial Court convicted and sentenced the appellant as narrated earlier.