CHANDAR ARMOGAM NAYAKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant-original accused No. 1, who stands convicted for the offences punishable under Sections 302 and 450 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for life on the first count and rigorous imprisonment for 7 years and fine of Rs. 1,000/- in default to suffer rigorous imprisonment for three months, on the second count, by the judgment and order dated 20th January, 2009, by Ad-Hoc Additional Sessions Judge, Court No. 05, Sewree, Mumbai, in Sessions Case No. 618 of 2009, by this judgment challenges his conviction and sentence.

(2.) Facts, as are necessary for deciding this appeal, may be stated as follows :-

(3.) The appellant used to have suspicion about illicit relations between his wife Meena and deceased Arjun. As per prosecution case, on that count on 2nd June, 2008, at about 11.30 p.m., while deceased Arjun was sleeping in the kitchen alongwith his mother P.W.3 Walliama, the appellant came there and gave several blows of sickle to the deceased. His mother Nagama exhorted him to do so. Hearing the shouts, P.W.1 Vyankatesh, who was sleeping in another room rushed there. He saw appellant assaulting the deceased Arjun who was lying in the pool of blood. He raised alarm. As a result, appellant ran away from the house with sickle in his hand, towards the tea stall. P.W.1 Vyankatesh lifted Arjun with the help of his mother, P.W.6 Ramchandra the milkman and P.W.8 Pandu. As taxi was not available, they took him on hand-cart, to G.T. Hospital. There Doctor declared him dead on admission.