SURESH PURUSHOTTAM ASHTANKAR Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant is convicted by the learned Additional Sessions Judge4, Nagpur on 9.8.2012 in Sessions Trial No.457 of 2011 whereby the learned Judge convicted the appellant for the offence punishable under Section 302 of the Indian Penal Code for committing murder of his wife Megha and directed him to suffer imprisonment for life and to pay a fine of Rs.500/ and in default to suffer further rigorous imprisonment for one month.

(2.) We have heard Mr.C.H.Jaltare, learned Counsel for the Appellant, Mr.S.M.Uikey, learned A.P.P. for respondent no.1/State and Mr.R.R.Vyas, learned Counsel for first informant/respondent no.2. With their able assistance, we have gone through the record and proceedings.

(3.) Deceased Megha was wife of the present appellant. The couple was having two daughters and one son. The daughters are Ku.Sharyu (PW1) and Ku. Pranjali (PW3). According to the prosecution case, upon the first information report (Exh.16) filed by Sharyu (PW1), Crime No.112 of 2011 was registered initially for the offence punishable under Section 307 of the Indian Penal Code on 21.6.2011. Consequently, the offence was converted for the offence punishable under Section 302 of the Indian Penal Code upon death of Megha on 3.7.2011.