SANJAYKUMAR BHATEL PADIHARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr Murtuja Najmi, learned counsel appearing along with Sheyash V Chaturvedi, Nancy Kanungo and Ratnesh Dube for the Appellant. Also heard Mr KV Saste, learned Additional PP for the Respondent-State.

(2.) This Appeal filed by the sole Appellant, viz., Sanjaykumar Bhatel Padihari, is directed against the Judgment dated 30 th April 2024 passed by the learned Additional Sessions Judge, Greater Bombay, in Sessions Case No. 1622 of 2019 convicting the Appellant for committing offences punishable under Ss. 302, 316, 498A and 319 of the Indian Penal Code 1860 ("IPC") and sentencing him to undergo imprisonment for life and also to pay fine of Rs.5,000.00 for committing offence punishable under Sec. 302 of the IPC; rigorous imprisonment for a term of seven years and to pay fine of Rs.2,000.00, for committing offence punishable under Sec. 316 of the IPC; rigorous imprisonment for a term of one year and to pay fine of Rs.1,000.00 for committing offence punishable under Sec. 498A of the IPC and rigorous imprisonment for a term of six months for committing offence punishable under Sec. 309 of the IPC

(3.) The prosecution case, in a nutshell, is that the Appellant, in a state of intoxication, has caused death to his wife by causing cerebral injury upon her. On 19/5/2019, the bypassers had noticed foul smell emanating from the house of the Appellant. On further enquiry, the decomposed dead body of the victim was found in the house of the appellant. It was found that the dead- body of the deceased was lying on the floor of the house and the Appellant was sleeping besides the body by putting his hand on the body of his deceased wife.