VISHNU ASARAM KANADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The delay caused in filing Criminal Revision Application is condoned for the reasons stated in the Criminal Application. Criminal Application No.6431 of 2014 for condonation of delay is allowed.

(2.) Both the Criminal Appeal and the Criminal Revision Application can be disposed of by this common judgment, as they arise from judgment dated 10.07.2014 delivered by the Additional Sessions Judge, Aurangabad, in Sessions Case No.184 of 2013 convicting accused ­ Vishnu for the offence punishable under section 302 of the Indian Penal Code and sentenced him to suffer life imprisonment and to pay a fine of Rs.10,000/ with a default clause. Accused ­ Vishnu was further convicted for offence punishable under section 498A of the Indian Penal Code and is sentenced to suffer rigorous imprisonment for three years and to pay a fine of Rs.5000/ with a default clause. The Criminal Appeal is filed by the accused for seeking his acquittal; whereas the original complainant has filed Criminal Revision Application for seeking death penalty to the accused.

(3.) The prosecution case alleged that accused ­ Vishnu murdered his wife by setting her on fire on 13.02.2013 at about 9.00 p.m. at his house situated at Aurangabad. It was also alleged that accused Vishnu also treated his wife Vaishali with cruelty so as to constitute offence punishable under section 498A of the Indian Penal Code. In addition to this, the prosecution also alleged that accused ­ Vishnu assaulted his wife and thereby committed offence punishable under sections 323, 504, 506 of the Indian Penal Code.