JAGANNATH RAMCHANDRA SAKPAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE Appellant was tried and convicted under Section 362 of Indian Penal Code for the murder of his wife Sanjana and has been sentenced to Rigorous Imprisonment for life and ordered to pay a fine of rs. l0,000/-, in default thereof, to undergo Rigorous Imprisonment for one year. Therefore, this Appeal against the order of conviction.

(2.) HEARD the learned Advocate for the Appellant and the learned A. P. P. for the State. We have been taken through the testimonies of all the witnesses and the records of the case.

(3.) THE prosecutions case has been supported by PW-4 jagannath and PW-5 Tippana being the eye-witness to the incident dated 20th February, 1998. On that day at about 6. 30 p. m. the appellant while quarrelling with the deceased in his house, suddenly assaulted her with a wooden stick? almost on all parts of the body and especially on the head and torso. PW-4 Jagannath could see this incident as the door of the house of the accused was open. Alongwith the other, this witness had tried to prevent the Appellant from assaulting his wife. PW-5 Tippanna, also tried to prevent the assault. However, in that process Tippana got hit by the wooden stick of the appellant. Therefore, they all left the house and the door was closed by the appellant. The deceased was taken to Bhagwati Hospital. PW-4 identified the wooden stick which was owned by Jagannath. The said wooden stick was brought by the appellant from the house of PW-4 during the quarrel. There was no enmity between PW-4 and the Appellant.