VANDANA Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal takes exception to the judgment dated 8th of October, 2012 passed by learned Sessions Judge, Chandapur in Sessions case No.124 of 2011, by which appellant/accused came to be convicted for the offence punishable under Section 302 of the Indian Penal Code and is sentenced to suffer life imprisonment and to pay a fine of Rs.5000/, in default to suffer rigorous imprisonment for six months.

(2.) Briefly, it is the case of prosecution that accused/appellant Vandana committed murder of her husband Yogesh Mankar on 7th of July, 2011 at 6.30 p.m. in their house. Said fact was informed telephonically to PW 2 Ramesh Mankar, brother of deceased, the complainant who visited the spot and found deceased lying in the pool of blood while appellant was present in the house sitting in the kitchen door. On enquiry, appellant stated to PW 2 Ramesh that her husband used to suspect on her character and thus used to raise quarrels and beat her and for that reason she is alleged to have confessed that on the fateful material night when deceased was in his deep sleep appellant assaulted on his head by an axe causing his death. On the basis of report lodged by PW 2 Ramesh, offence was registered vide crime No.199 of 2011 and investigated by PW 4, Radheshyam Pal, PSI, Ram Nagar Police Station. During the course of investigation, said Officer visited the spot, drew spot panchanama and seized axe and other articles like blood stained quilt, nylon mat, one pillow, piece of floor stained with blood and piece of floor without blood, drew inquest panchanama and forwarded the dead body for its Post Mortem and on recording statements of witnesses effected arrest of appellant and seized her clothes. Seized Muddemal articles along with axe was sent for its analysis to Chemical Analyzer. On receipt of Chemical Analyzer report, Post Mortem report and on completion of investigation, chargesheet came to be filed before the Judicial Magistrate (F.C.), Chandrapur. In the course of time, case came to be committed for trial before the Court of sessions.

(3.) Charge was framed against the appellant for the offence punishable under Section 302 of the Indian Penal Code to which she pleaded not guilty and claimed to be tried. Defence of appellant is of total denial.