UDHAV PUNJARAM NAWSAGRE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Judgment and order of conviction passed by learned Additional Sessions Judge-I, Nanded dtd. 16/5/2018 in Sessions Case No.100 of 2015, holding appellant Uddhav guilty for charge under Sec. 302 of Indian Penal Code (IPC) is now taken up by way instant appeal, thereby questioning its legality, maintainability and sustainability.

(2.) To put it in brief, appellant Uddhav husband of deceased was an agriculturist and in spite of their marriage to be many years old, he suspected her chastity and harassed her. Her parents, relatives and neighbours were all aware of it.

(3.) On 17/6/2015, while labouring in the field, in above backdrop appellant assaulted Laxmibai by use of pick-axe, causing her multiple injuries which turned out to be fatal. PW6 Chayabai, who was also working in the adjoining field, heard shouts of deceased and rushed there and found Laxmibai lying with bleeding injuries. Appellant was present there. PW6 Chayabai received oral dying declaration on a query by her to the deceased regarding appellant assaulting her. While undergoing treatment, she succumbed to the injuries.