DIPCHAND Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant, who was found guilty of committing uxoricide by the Additional Sessions Judge, Amalner by judgment and order, dated 16.3.2011, in Sessions Case No. 48 of 2010 and was sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs.5,000/-, in default to suffer simple imprisonment for six months, has approached this court, thereby challenging the correctness of the said judgment.

(2.) The factual matrix, as unfolded during the course of the prosecution case, can conveniently be stated as under :- Dipchand, the appellant and his wife Kalpanabai were having marital life for last 26 years. The couple is having two sons and one daughter. PW1 Rakesh is younger than PW3 Sachin and Pavitra is the daughter of the couple.

(3.) The prosecution case further proceeds that, at the relevant time, the elder brother PW3 Sachin was taking education at Nashik. On 12.8.2010, the appellant and his wife Kalpanabai (deceased) proceeded towards their field in the morning at 9.00 a.m. on the motor cycle. Before proceeding, they asked PW1 Rakesh that he should bring the tifin at 12.00 noon in the field.