SUDHAKAR ANANDA ATRAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Mr. Amol Mardikar, Adv. for the Appellant-accused and Mr. Mirza, A. P. P. for the Respondent-State.

(2.) THE appellant-accused, who is the husband of deceased Chandrakala, has been convicted u/s. 302 of the Indian Penal Code and sentenced to suffer life imprisonment for committing murder of his wife Chandrakala by the 2nd Additional Sessions Judge, Yavatmal by his judgment dt. 27-10-1999. Hence, this appeal.

(3.) ON the other hand, Mr. Mirza, the learned A. P. P. contended that, so far as Ankush (P.W.3) - a minor child witness is concerned, there was nothing brought out in his evidence to disregard his testimony. Merely because he was the son of deceased Chandrakala, he could not be said to be an interested witness. The learned A. P. P. also submitted that there is nothing on the record to show that Ankush is a tutored witness. According to the learned A. P. P. , presence of Ankush in the house was most natural; firstly because he was a minor child and secondly, first husband of Chandrakala was dead and second son Khushal was living away from his mother. Therefore, evidence of Ankush (P.W.3) was most natural and it was strongly corroborated by the medical evidence because medical evidence fully supports the oral version of Ankush about assault and the instrument used for assault.