SHANKAR KALLAPPA KOLI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The instant Appeal has challenged the Judgment and Order dtd. 29/04/2016, in Sessions Case No.3 of 2015, passed by the Court of the learned Additional Sessions Judge, Gadhinglaj, Dist. Kolhapur. Thereby the Appellant was convicted for the offence punishable under Sec. 302 of the Indian Penal Code, 1860 (for short "I.P.C.") and sentenced to suffer imprisonment for life and to pay fine of Rs.5,000.00, in default to undergo simple imprisonment for three months.

(2.) We have heard Ms. Ayubi, learned appointed Counsel for the Appellant ("accused") and Ms. Dabholkar, learned APP for the Respondent-State. Perused the entire material on record.

(3.) The prosecution story is that deceased Ganga was sister of the first informant-P.W.1-Shri Siddharai Patil, r/o Kamewadi, Taluka Chandgad, District Kolhapur. Ganga was married with the accused 15 years prior to the incident. After the marriage, Ganga cohabited with accused for six months, at village Krishna Kittur, District Belgaum. For some days, the couple resided at Belgaum as the accused was working there in a hotel. After some days, Ganga visited P.W.1 and complained him that the accused was addicted to liquor, he used to beat her by consuming liquor and demand money from her. Therefore, the family members of P.W.1 decided to let Ganga and accused reside in their village Kamewadi for Ganga's happy cohabitation. Accordingly, the couple resided there. Meanwhile, the couple was blessed with two children - Prashant, aged 6 years and Rutuja, aged 3 years. However, there was no change in the conduct of the accused towards Ganga. Four years before the incident, P.W.1 built a house for Ganga and the accused, to stay at Kamewadi. Yet, the accused would take money from Ganga and consume liquor. If money was not given, the accused used to beat Ganga. The accused had even sold domestic articles for liquor. The accused used to demand the marriage string (XXXXXXXXXX) Article 'Q' of Ganga and threatened that, if money was not given to him, he would kill her. Ganga had informed her plight to P.W.1 and other family members.