HARISCHANDRA DAMU BALDHYE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Feeling aggrieved by the judgment and order of conviction dtd. 2/11/2016 passed by learned Additional Sessions Judge, Ambajogai, Dist Beed in Sessions Case No.72 of 2015, thereby holding appellant guilty for offence under Sec. 302 of Indian Penal Code (IPC), accused has filed instant appeal by invoking Sec. 374(2) of the Code of Criminal Procedure (Cr.P.C.).

(2.) Appellant son of PW3-Damu had three daughters, namely Nikita, Nakula, Sangita and a son, namely Sunil. He did not work for his living and was rather addicted to liquor. As a result, there used to be quarrels between him and his wife and she resultantly left the children and went to stay with her parents with daughters, namely Nakula and Sangita, whereas deceased Nikita and son Sunil were put up with PW3 Damu - grandfather.

(3.) According to prosecution, on 10/7/2015, accused went to fetch his wife back, but she did not return. As a result of which, accused was frustrated and annoyed. On 10/7/2015, after dinner appellant went to PW3 Damu and declared that he would finish one by one. He thereafter took Sunil and Nikita to his house. According to prosecution, in night in his room he sat on the chest of his daughter Nikita and manually strangulated her to death.