VIJAY VASUDEO MADGAONKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant has challenged in this appeal judgment and order dated 4/5/2000 passed by the Additional Sessions Judge, Greater Bombay in Sessions Case No.47 of 1998. By the impugned order he was convicted for the offence punishable under Section 302 of the Indian Penal Code and sentenced to suffer R.I. for life and to pay a fine of Rs.500.00, in default to suffer further R.I. for one month. For the sake of convenience we shall refer to the appellant as "the accused".

(2.) THE accused was married to deceased Geeta the daughter of PW 1 Ladki Rathod. The deceased was residing with the accused at Bhiku Manchubhai Chawl, room No.18 at the back of Bhagwati Chawl Malad (W). The accused was not doing any work. The deceased used to work and run the house. The accused used to demand money from the deceased for liquor as he was addicted to liquor. The deceased used to complain about the behaviour of the accused to her mother PW 1 Ladki.

(3.) ON the basis of this complaint which was treated as F.I.R., the investigation was started. The accused came to be arrested. Post-mortem was done on the deceased by PW 6 Dr. Sanap. The cause of death was given by Dr. Sanap as Haemorrhage and shock due to stab injury. Inquest-cum-seizure-cum-spot panchnama Exh.-20 was drawn and knife Article 1 as well as clothes of the deceased Article 2 (colly) and the clothes of the accused Article 3 (colly) were taken charge of. After completion of the investigation the accused came to be charged as aforesaid.