VILAS KERU EDAKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant-accused, father-in-law killed Sou. Manisha Pratap Edake. We are dismissing this appeal filed by the accused against the judgment and order passed by the Additional Sessions Judge, Sangli, dated 4/9/2000, whereby the accused has been convicted of the offence punishable under Section 302 of Indian Penal code and sentenced to suffer rigorous imprisonment for life and to pay fine of Rs. 5000/- in default to suffer rigorous imprisonment for six months. The appellant was acquitted of the offence under Section 316 of Indian penal Code.

(2.) ADVOCATE for the appellant put forth the grounds as raised in the memo of appeal and has taken us to the testimonies of the witnesses and documents placed on the record and contended to reverse the order of conviction and prayed for acquittal. The learned A. P. P. opposed the same and supported the Judgment of Sessions Judge.

(3.) AFTER re-appreciating the evidence, as well as, material on the record, we confirm the reasoning given by the learned Judge and the order of conviction on the foundation that the accused intentionally and knowingly committed the murder of the deceased Manisha Edake, by means of sickle on 17/3/1999, at about 7. 30 p. m. . The appellant-accused has also charged that on the same day, time and place, he caused death of unborn child by, giving sickle blow intentionally and knowingly to pregenant deceased Sau. Manisha Pratap Edke and therefore, thereby, committed offence punishable under section 316 of I. P. C.