(1.) The Appellant/original accused has preferred this Appeal against the Judgment and Order dated 11/05/2006 passed by the learned III Ad-hoc Additional Sessions Judge, Solapur, in Sessions Case No. 285 of 2005. By the said Judgment and Order, the learned Sessions Judge convicted the Appellant under Section 302 of Indian Penal Code and sentenced him to R.I. for life and to pay fine of Rs. 1,000/-; in default R.I. for 6 months. The prosecution case briefly stated is as under:
(2.) Charge came to be framed against the Appellant under Section 302 of IPC. 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 Additional Sessions Judge convicted and sentenced the Appellant as stated in para 1 above, hence this appeal.
(3.) We have heard the learned Advocate for the Appellant and the learned APP for the State. We have carefully considered their submissions, the Judgment and Order passed by the learned Additional Sessions Judge and the evidence in this case. After carefully considering the same, for the below-mentioned reasons, we are of the opinion that the Appellant committed murder of his wife Sunita by assaulting her on the head with a mortar stone.