KRUSHNMURTI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Getting dissatisfied by the judgment and order of conviction passed by the learned Additional Sessions Judge, Bhusawal dtd. 25/8/2015 in Sessions Case No.226 of 2014, appeal has been preferred by invoking Sec. 374 of the Code of Criminal Procedure (Cr.P.C) praying to set aside the impugned judgment and order of conviction by allowing the appeal.

(2.) Accused appellant was married to deceased Archana and out of their wedlock, they had a son by name Shubham. After six months of marriage, according to the prosecution, accused started suspecting character of his wife Archana and he started beating and harassing her. The relations between them became so sour and strained that they parted their ways and started residing separately. Deceased Archana took up a job of Teacher in a School and started residing with her younger brother and son Shubham in a rented premises located in Unta Mohalla, Bhusawal. Accused appellant resided separately.

(3.) Case being exclusively triable by Court of Sessions, learned Judicial Magistrate First Class, committed the case to the Sessions Court and the challan came up before learned Additional Sessions Judge, Bhusawal. Learned Additional Sessions Judge framed and explained charge to the accused and after recording his plea, trial was undertaken. At the trial, in support of its case, prosecution has examined in all ten witnesses. Prosecution also sought reliance on documentary evidence like FIR, various panchanamas, CA report etc. After hearing State as well as defence, learned trial Court appreciated evidence on record and vide Judgment dtd. 25/8/2015 held accused appellant guilty for the said charge and therefore, convicted him under Sec. 302 of IPC and sentenced him to suffer life imprisonment and to pay fine of Rs.5,000.00, in default to suffer rigorous imprisonment for six months. Appellant is now taking exception to the above judgment and order of conviction by way of instant appeal.