NANDU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellant - accused No.1 Nandu is challenging the judgment and order passed by learned Additional Sessions Judge, Basmath dtd. 13/4/2016 in Sessions Trial No.45 of 2012 by which he is held guilty for offence punishable under Sec. 302 of Indian Penal Code (IPC) and sentenced to suffer imprisonment for life and to pay fine. CASE OF PROSECUTION IN BRIEF IS AS UNDER

(2.) Appellant was married to deceased Vaishali in 2007. For initial period, she was treated well by her husband and in-laws. However, precisely two and half years prior to the incident in question, harassment had commenced in the backdrop of not bringing dowry of Rs.5,000.00. Husband and in-laws were also allegedly upset for not giving proper honour during marriage. Inlaws were instigating husband to beat deceased Vaishali. Deceased used to inform her family about such treatment meted out to her.

(3.) On 16/5/2012, at around 3:45 a.m., while appellant was in the company of deceased, he slit her throat. She succumbed to the same and therefore, PW1 brother Sachin set law into motion vide report dtd. 16/5/2012 (Exh.44). PW17 P.I. Hake, who was entrusted with the investigation, carried out the same and charge-sheeted accused persons and they were duly tried by learned Additional Sessions Judge, Basmath, who, on appreciating the evidence adduced by prosecution and on hearing respective parties, acquitted accused Nos.2 to 5 from all charges and only appellant has been held guilty for charge under Sec. 302 of IPC and sentenced to suffer imprisonment for life. The said judgment is now questioned before us by filing instant appeal on various grounds raised in the appeal memo. SUBMISSIONS On behalf of appellant :-