SANJAY KHANDERAO DEORE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the order of conviction recorded by the 3rd Additional Sessions Judge, Nasik in Sessions Case No.193 of 1999 convicting the accused under section 302 of the Indian Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Rs.500/-.

(2.) With the assistance of the learned Advocate appearing for the appellant (appointed by this Court) and the learned Additional Public Prosecutor, we have scrutinised the records and reappreciated the evidence on record. The prosecution case as disclosed on reappreciation of the evidence stated briefly is that the accused was married to the victim Vaishali on 11th February, 1997. It was an arranged marriage and the accused had a grudge against Vaishali and her in-laws for not giving him enough utensils as part of dowry and he, therefore, used to ill-treat his wife because of this.

(3.) On 14th April, 1999 the accused with his wife Vaishali went to the house of Vaishali's father. Both accused and Vaishali stayed for a night, in the morning the accused left the house saying that Vaishali's character is loose and the child she is bearing is not his and, therefore he is going away. However on 16th April, 1999 he returned to the house of Vaishali's parents, had his dinner and stayed there for the night. They slept in a room where others slept outside the court yard. In the morning the mother of the victim noticed that Vaishali has been killed, raised alarm. First information report was lodged. During the investigation the accused was traced and arrested on 21st April, 1999. The prosecution, on completion of the investigation, chargesheeted the accused under section 302 of the I.P.C and examined 10 witnesses to prove its case that the accused intentionally killed the victim Vaishali.