SUKHDEO KISAN BORHADE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is preferred by the appellant - original accused against the judgment and order dated 29.10.2012 passed by the learned Additional Sessions Judge, Nashik in Sessions Case No. 9 of 2012. By the said judgment and order, the learned Session Judge convicted and sentenced the appellant as under:-

(2.) Charge came to be framed against the appellant under Section 302 of IPC for causing the death of his wife Sitabai and under Section 324 for causing hurt with knife to his son Pravin. Charge was also framed under Section 309 of IPC because the appellant attempted to commit suicide by inflicting injuries on himself with a knife. The appellant pleaded not guilty to the said charge and claimed to be tried. His defence was that of total denial and false implication. After going through the evidence adduced in this case, the learned Sessions Judge convicted and sentenced the appellant as stated in paragraph 1 above, hence, this appeal.

(3.) We have heard the learned Advocate for the appellant and the learned APP for the State. After giving our anxious consideration to the facts and circumstances of the case, arguments advanced by the learned Advocates for the parties, the judgment delivered by the learned Sessions Judge and the evidence on record, for the reasons stated below, we are of the opinion that the appellant assaulted his wife Sitabai with a knife and caused her death and during the said incident, he also caused injuries to his son Pravin with knife.