ANIL MAHADEO KUDMETHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant is aggrieved by judgment and order dtd. 7/7/2020 passed by the Additional Sessions Judge, Kelapur, District - Yavatmal, in Sessions Trial No. 13/2017. The Sessions Court convicted the appellant for the offence punishable under Sec. 302 of the Indian Penal Code, 1860 (IPC), and sentenced him to suffer imprisonment for life and to pay fine of Rs.1,000.00.

(2.) As such, the appellant was tried for the offences punishable under Ss. 498A of IPC also, however, the Sessions Court acquitted him for the said offence. The appellant is aggrieved by the order of conviction, and hence, preferred instant appeal.

(3.) The brief facts relevant to decide the appeal are that the appellant, who is husband of the deceased, namely, Sushma, has, in the intervening night of 17/3/2017 and 18/3/2017, in his house, committed murder of his wife. The law was set into motion by none other than the father of the appellant. He lodged report on 18/3/2017 stating that his elder son Anil (appellant herein) has committed murder of his wife. The Investigating Officer Lodged First Information Report, collected evidence and filed chargesheet. The appellant pleaded not guilty. The prosecution examined eleven witnesses to bring home guilt of the appellant. The defence of the appellant is of total denial. He has not examined any witness in defence. The trial Court, after having considered the evidence, documents and the arguments advanced before it, convicted the appellant.