THAKUBA TUKARAM BHAGWAT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Feeling aggrieved by the judgment and order of conviction for offence under Sec. 302 of the Indian Penal Code (IPC), passed by the learned Additional Sessions Judge, Aurangabad in Sessions Case No.62 of 2015 on 25/6/2018, by which present appellant is sentenced to suffer imprisonment for life for committing murder of his wife, instant appeal has been preferred. PROSECUTION CASE IN NUTSHELL

(2.) Sillod Police Station challaned present appellant for commission of offence under Sec. 302 of the IPC accusing him for committing murder of his wife Dwarkabai on 14/11/2014. According to prosecution, appellant was addicted to liquor. He not only harassed deceased wife but also harassed his own parents thereby compelling them to reside separately. After getting drunk, he used to pick up quarrels with his wife and beat her. On 14/11/2014 between 7:30 p.m. to 8:00 p.m., accused quarreled with deceased and then slit her throat with blade. There was profuse bleeding and she succumbed to same on 15/11/2014 and therefore, FIR was lodged at the instance of PW1 Kailas, maternal uncle of deceased. PW9 Khopade (API) then posted at Sillod Police Station, conducted investigation and on gathering evidence, chargesheeted accused. He was thereby tried by the learned Additional Sessions Judge, who found appellant guilty and sentenced him to suffer imprisonment for life vide judgment dtd. 25/6/2018, which is impugned herein on various grounds. SUBMISSIONS On behalf of appellant :

(3.) While praying for setting aside the impugned judgment, learned Counsel for appellant submits that there is no direct evidence in support of accusations and allegations. He further submitted that PW1 Kailas has lodged report on the basis of information received by him and therefore, implication is on hearsay evidence. He pointed out that there is no evidence for namesake about appellant to be addicted to liquor as there is no investigation in this direction and further according to him, there is no evidence regarding appellant picking up quarrel and that day inflicting throat cut injury to deceased.