KOMALSING Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant (hereinafter referred to as the "accused") was charge sheeted for offence punishable under Section 302 of the Indian Penal Code, 1860 (IPC for short) for having committed murder of his wife Ujwala. He has been sentenced to suffer imprisonment for life and to pay fine of Rs.1000/-. In default of fine, it has been directed that he will undergo R.I. for six months. The case of prosecution in brief is as follows:

(2.) The accused was married with Ujwala (hereinafter referred to as the "victim") about 14 years before the incident, which took place in the night between 1st - 2nd February 2011. A son namely Tejas was born out of the wedlock. Due to differences between the couple, the victim along with son Tejas went to live with her mother Induabi at village Satiche Vadgaon, Taluka Bhadgaon, District Jalgaon. Victim had initiated proceedings against the accused and litigations were pending. In spite of the separation and proceedings between the parties, the accused used to visit the victim at the place of her mother and was harassing them.

(3.) The prosecution examined 9 witnesses to prove its case. The Court called Head Constable Bhausaheb Patil as Court witness and the said Head Constable was examined as Court witness. Trial Court considered the oral and documentary evidence and convicted and sentenced the accused as mentioned above. Hence this Appeal.