GIRISH Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Appeal has been filed by the appellant [original accused], challenging the Judgment and Order dated 06.11.2008 passed by the Adhoc District Judge1 & Additional Sessions Judge, Jalgaon in Sessions Case No.179/2005, thereby convicting the appellant original accused for the offence punishable under Sections 302 and 309 of I.P. Code and sentencing him to suffer imprisonment for life and pay a fine of Rs.5,000/, in default, R.I. for 3 months, and S.I. of one Year and fine of Rs.500/ in default S.I. for one month, respectively.

(2.) Facts giving rise to the prosecution case, in brief, are that, accused Dr. Girish Vasant Kolhe, was residing in Bendale Nagar, Area of Jalgaon, in a house namely 'Gujnan', along with his wife, Jayashri, two sons namely Bhushan and Vinit, as well as his parents. The accused Dr. Girish Kolhe is a Medical Practitioner, running Dispensary in Hudco Colony. His wife deceased Jayshri was also Medical Practitioner. Both of them were leading their marital life happily.

(3.) That, as usual on 20.07.2005, the parents as well as wife Jayshri of the accused were present at home for whole day. His sons Bhushan and Vinit went to school and returned at about 12.00 noon. Accused Girish also came back to home from Dispensary at about 1.00 p.m. Thereafter, he has taken lunch and on taking rest, again went to his Dispensary at 4.30 p.m. and came back to home at about 9.00 to 9.30 p.m. Thereafter, all family members have taken dinner in the hall of their house seeing television. Then accused Girish has taken home work of his sons and Jayshri was doing morning school preparation of her sons. Then, at about 11.00 p.m., the parents of accused Girish went to their bedroom whereas accused, his wife Jayshri and sons went to sleep in their bedroom.