SANJAY SANTAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant / original accused has questioned the correctness of the judgment and order dated 29 December 2004 passed by IInd Ad Hoc Additional Sessions Judge, Pandharpur in Sessions Case No.118 of 2004 thereby convicting him for the offence punishable under Section 498-A of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for three years and also to pay fine of Rs.1,000/-, in default of the fine, to suffer rigorous imprisonment for three months. The Appellant has further been convicted for the offence punishable under Section 302 of the Indian Penal Code and sentenced to suffer imprisonment for life and also to pay fine of Rs.1,000/-, in default of which to suffer rigorous imprisonment for three months. The Learned Trial Court has ordered that the substantive sentences shall run concurrently. The accused was charged of committing the murder of his wife i.e. deceased Swati on 28 April 2004 at about 1.30 to 2.00 a.m. in the wee hours.

(2.) The brief facts which can be enumerated from the record be stated as follows :

(3.) After committal of the case to the Court of Sessions, the Learned Trial Court framed charge below Exhibit 2. The said charge was read over to the Appellant to which he denied and claimed to be tried. The defence as can be discerned from the statement recorded under Section 313 of the Code of Criminal Procedure of the Appellant, is of total denial and also is of alibi. The Appellant in his defence has stated that on the date of the incident he was working in the field of Mr. Annasaheb Deshmukh, when he received the information about the death of his wife. For the entire day he was working in the field of Mr. Deshmukh and after the receipt of the information about the death of his wife, he came to his house. The Learned Trial Court after recording the evidence and after hearing the parties to the said case was pleased to convict the Appellant by its impugned judgment and order dated 29 December 2004 as aforestated.