DEEPAK NIVRUTTI REDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appeal is filed against judgment and order of Sessions Case No. 142/2013 which was pending in the Court of Additional Sessions Judge, Nanded. The Sessions Court has convicted and sentenced the appellant for offence punishable under section 304 Part II of Indian Penal Code and he is sentenced to suffer rigorous imprisonment for seven years. He is also directed to pay fine of Rs. 1,000/- and in default, sentence of R.I. for six months is given. Both the sides are heard.

(2.) As per the case of prosecution, the incident in question took place on the night between 2.12.2012 and 3.12.2012. Accused, Deepak was living with his wife, Usha near Mujampeth, Tahsil and District Nanded. In the vicinity of his house, one Mahendra Edke was living and he knew both the accused and his wife Usha. On 2.12.2012 at about at about 7.00 p.m. Mahendra was passing by the side of the house of the accused and at that time, Usha was alone in the house. She invited him inside of the house. When she was saying that she was liking him and they were together there, the accused entered the house. He saw his wife, Usha and Mahendra together side by side and he became angry. He realized that there was something immoral. He started assaulting his wife and Mahendra. Mahendra somehow escaped.

(3.) On that night, the accused gave severe beating to Usha by using a low level wooden table which is called as 'Pat' in this area and also by using a stone. On that night, the accused slept inside of the house. In the morning, when he woke up, he realised that his wife was dead.