ASHOK SOMA MISAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant is challenging the Judgment and order passed by the 5th Adhoc Additional Sessions Judge, pune, in Sessions Case No. 476/2000. The said Judgment and Order dated 30th July, 2001. The Additional sessions Judge was pleased to convict the accused for the offence punishable under Section 302 of the Indian penal Code and sentenced him to suffer Rigorous imprisonment for life.

(2.) Prosecution case in brief is that the accused initially used to reside in Village Alamwadi, Taluka mohod, District Solapur. His Brother Sudhakar who was staying at Lonawala called him in search of work. Accordingly, he alongwith his wife Mangal and two sons and a daughter went to Lonawala and started residing there. On 15th July, 2000 at about 16. 45 hours when the wife of the appellant Mangal and the children were at home, the accused came drunk, quarrelled with his wife, caused injury by a blade on her face and stomach and after his wife fell down, he hit her with a stone. As a result of the assault, she died on the spot. Thereafter, the accused went to the police station and lodged a FIR. The accused was arrested. The statements of the witnesses were recorded. The chargesheet was filed against him. He pleaded not guilty to the charge. The trial Court on the basis of the evidence convicted the accused for the offence punishable under Section 302 of IPC and sentence him to suffer R. I. for life.

(3.) We have heard the learned Counsel appearing on behalf of the appellant and the learned APP appearing on behalf of the State. The learned Counsel for the appellant has taken us through the Judgment and Order of the trial Court and the oral and documentary evidence is adduced on record.