LAWS(BOM)-2004-3-12

KERU KONDIBA NITNAWARE Vs. STATE OF MAHARASHTRA

Decided On March 03, 2004
KERU KONDIBA NITNAWARE Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) THIS is an appeal preferred by the original accused against the Judgment and order of conviction dated 09-03-1984, passed by Addl. Sessions Judge, Ahmednagar in Sessions Case No. 20 of 1984, whereby the accused has been convicted and sentenced for an offence punishable under Section302 of Indian Penal Code to undergo imprisonment for life.

(2.) THE appellant-accused was prosecuted for an offence punishable under Section302 of Indian Penal Code on the allegations that on the intervening night of 21st and 22nd of December, 1982, he committed murder of his wife Sushilabai by hitting big stone (Pata) on her head in the house of one Gaikwad situated at village Panoli, Taluka; Parner, District : Ahmednagar.

(3.) OFFENCE under Section302 of Indian Penal Code is exclusively triable by Court of Sessions, hence, learned Judicial Magistrate, F. C. , Parner, committed the case to the Court of Sessions, for trial according to Law.