APPASO SHANKAR AADSULE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant/original accused has preferred this appeal against the judgment and order dated 30th July, 2011 passed by the learned Additional Sessions Judge, Ichalkarnji in Sessions Case No. 15/10. By the said judgment and order, the learned Sessions Judge convicted the appellant for the offence under section 302 of I.P.C. and sentenced him to suffer imprisonment for life and to pay a fine of Rs. 500/- i/d. to suffer R.I. for three months. The prosecution case briefly stated, is as under:--

(2.) Charge came to be framed against the appellant under section 302 of the I.P.C. The appellant pleaded not guilty to the said charge and claimed to be tried. His defence is that of total denial and false implication. His further defence is that his wife Parvati fell in the house and dashed her head against the grinding stone which resulted in her death. After going through the evidence adduced in this case, the learned Sessions Judge convicted and sentenced the appellant as stated in para 1 above, hence, this appeal.

(3.) We have heard learned Advocate for the appellant and learned A.P.P. for the State. We have carefully considered the facts and circumstances of the case, submissions made by the learned counsel for both sides, the judgment and order passed by the learned Sessions Judge and the evidence in this case. After carefully considering the matter, for the below mentioned reasons, we are of the opinion that the appellant committed murder of his wife Parvati.