RAKHMAJI RAMCHANDRA JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BEING aggrieved by the order of conviction passed by the II Additional Sessions Judge, Solapur in Sessions Case No. 247 of 1999 under section 302 of IPC on 29-6-2600, the appellant has preferred this appeal on the grounds mentioned in the memo of appeal as also orally canvassed before us.

(2.) WITH the assistance of the learned counsel for the accused and the learned Prosecutor, we have scrutinised the records of the case and re-appreciated the evidance on record.

(3.) THE prosecution case as emerges from the re-appreciation of evidence stated briefly is that the accused was married to Mangala for last 20 years and has a son who is mentally retarded. On 20-9-1999 around 3. 00 a. m. accusad/appallant want to his father-in-law and informed him that his wife Mangala had sustained burn injuries and ha also has burnt his hand. Injured Mangala was taken to civil hospital by the appellant and his in-laws, At the hospital the matter was informed to the police and police were requested to arrange for recording statement of the victim Mangala. The statement accordingly was recorded by the Executive Magistrate around 9. 45 in the evening of 21st September 1999, According to the statement the burn injuries were caused by the accused/appellant and therefore the accused was prosecuted. After the investigation was completed he was duly charge sheeted and tried in the Court of Sessions at Solapur.