NIVRUTTI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellant herein is assailing judgment and order passed by the Additional Sessions Judge, Vaijapur dtd. 22/7/2016 in Sessions Case No.64 of 2014 by which appellant is held guilty for commission of offence under Sec. 302 of the Indian Penal Code (IPC) and sentenced to suffer imprisonment for life.

(2.) Deceased was residing with her husband, children at village Manoor. On intervening night of 24/3/2014 and 25/3/2014, there were quarrels between appellant husband and deceased wife in the house itself. Subsequently, in the late night, both of them together went to their field to water maze crop. There again earlier quarrel continued. That after getting annoyed, accused hit deceased wife with a cement stone which was used for fencing i.e. on the left side of head of deceased, as a result of which she died on the spot.

(3.) Learned Senior Counsel for the appellant would take us through the entire evidence of the prosecution and would submit that, there is no direct evidence regarding alleged occurrence. Questioning credibility of testimony of informant PW1 Ramdas (Police Patil), it is pointed out that there is no reason for giving so called extrajudicial confession to him. According to learned Senior Counsel, even when this witness was allegedly approached by accused around 04:00 a.m., information has not been passed to Police immediately. That further accused is not arrested immediately, rather he is arrested in the late evening and therefore, possibility of lodging false and afterthought report cannot be completely ruled out. According to him, this witness has admitted in cross, that, he was not a party to any quarrel between accused and deceased nor there was any previous complaint about behaviour and conduct of accused. It is next pointed out that answers given by this witness in cross admitting about creepers in the field clearly supports the defence of accused about accidental fall of deceased after her feet / leg getting entangled therein.