KRISHNA MARUTI LOHAR Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Appeal is preferred by the Appellant original Accused against the judgment and order dated 29th August 2012 passed by the learned Additional Sessions Judge, Pandharpur in Sessions Case No.64 of 2010. By the said judgment and order, the learned Additional Sessions Judge convicted the Appellant under section 302 of IPC for causing the death of his wife Gangubai by assaulting her with sickle and under section 307 of IPC for causing injuries to Dattatraya and Sanjay. For offence under section 302 of IPC the Appellant was sentenced to life imprisonment and fine of Rs.1,000/-, in default, RI for two months and for offence under section 307 of IPC, the Appellant was sentenced to RI for seven years and fine of Rs.1,000/-, in default, RI for two months. The learned Additional Sessions Judge directed that substantive sentences of imprisonment shall run concurrently.

(2.) The prosecution case briefly stated is as under :-

(3.) Charge came to be framed against the appellant under section 302 of IPC for causing death of his wife Gangubai. Charge was also framed under section 307 of IPC for causing injury to PW 2 Dattatraya on the head and the right hand. Charge was also framed under section 307 of IPC for causing injury to PW 12 Sanjay on his neck with sickle. The Appellant pleaded not guilty to the said charge and claimed to be tried. His defence is 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.