(1.) This appeal is preferred by the appellant-original accused against the judgment and order dated 13.9.2004 passed by the learned IInd Ad-hoc Additional Sessions Judge, Nashik in Sessions Case No. 153 of 2003. By the said judgment and order, the learned Sessions Judge convicted the appellant under Sections 302 and 498-A of IPC. For the offence under Section 302 of IPC, the appellant has been sentenced to R.I. for life and fine of Rs.2000/- i/d R.I. for six months. For the offence under Section 498-A of IPC, the appellant has been sentenced to R.I. for two years and fine of Rs.2000/- i/d R.I. for six months.
(2.) The prosecution case, briefly stated, is as under:
(3.) Charge came to be framed against the appellant under Sections 302 and 498-A of IPC. The appellant pleaded not guilty to the said charge and claimed to be tried. The defence of the appellant was that of total denial and false implication. His further defence is that he was suffering from mental illness i.e. schizophrenia and during an attack of mental illness he committed the murder. After going through the evidence adduced in the present case, the learned Judge convicted and sentenced the appellant as stated in para 1