RAJESHWAR MAROTRAO BIRADAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellant, a convict for offence under Sec. 302 of the Indian Penal Code [IPC], is hereby challenging the judgment and order dtd. 10/8/2016 passed in Sessions Case No. 24 of 2014 by learned Additional Sessions Judge, Biloli, by which he was held guilty for the charge under Sec. 302 IPC and accordingly sentenced to imprisonment for life.

(2.) Degloor Police Station, District Nanded chargesheeted accused on accusation that deceased Ujwala, who was wife of accused, was initially shifted to Dhanvantari Hospital, Degloor and then to Godavari Hospital, Nanded on 18/8/2011 in the early hours of morning on the complaint of convulsions, giving history as fall from bed/cot. While undergoing treatment, she died. Initially Accidental Death was registered bearing A.D. No. 29/2011. On receipt of medical opinion, more particularly autopsy doctor's opinion, it was revealed that death was due to smothering and manual strangulation. On receipt of such opinion, the police officer himself registered crime and on the strength of the same, investigation was carried out after arresting the accused. After completion of investigation, he was duly chargesheeted and was tried by learned Additional Sessions Judge, Biloli vide Sessions Case No. 24 of 2014.

(3.) At trial, prosecution adduced oral evidence i.e. of in all 9 witnesses and sought reliance on documentary evidence like A.D. papers, medical papers, panchanamas, postmortem report etc.