SURENDRA GYANCHAND CHAWLA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD advocate Mr. Talekar, appearing for the appellant - original accused and learned APP mr. Hingorani, appearing for the State in Chamber.

(2.) BY this appeal, the accused has challenged his conviction under Section 302 of the Indian Penal Code and sentence of imprisonment for life and fine of Rs. 10,000/- in default R. I. for six months, imposed upon him by the Addl. Sessions Judge, Gr. Mumbai in Sessions case No. 1033 of 1995.

(3.) THE facts giving rise to the prosecution case are as under :-Deceased Seema was the wife of accused. She was the first wife. Charge against the accused was that the accused killed his wife deceased Smt. Seema Surendra Chawla by strangulation. The accused had two children by name Kamlesh and Lalit. They were aged about 20 years and 12 years respectively at the time of incident. The accused, deceased Seema and their two sons were living at Room No. 1, Chawala Chawl, irani Wadi, Road, No. 4, Kandivali (W ). Even according to the prosecution, the accused had a mistress or second wife by name Vijaya. The accused used to go to her house and stayed in her house in the night time. The accused had two sons from Vijaya and they were of the same age as the children of Seema.