MAROTI LAXMANRAO SARIYAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal preferred against the judgment and order dated 08/12/2014 delivered in Sessions Trial No.62/2013 by the Additional Sessions Judge, Amravati thereby convicting and sentencing the appellant of the offence of murder punishable under Section 302 of the Indian Penal Code (for short 'the I.P.C.').

(2.) The appellant was the husband of deceased Pramila. He married deceased Pramila about 12 to 13 years prior to the incident, which took place at the own house of the appellant some time between evening of 12/07/2012 and morning of 13/07/2012. The appellant and deceased Pramila were residing together along with their two daughters at village Gawhankund, Tahsil Warud, District Amravati. His third and the eldest daughter was then kept at Narkhed for her educational purpose. The appellant recently before the incidental started suspecting fidelity of his wife. He noticed some time before the incident that deceased Pramila and appellant's neighbour Baburao Kose had become too friendly with each other to raise eyebrows of the appellant. On 12/07/2012, at about 5:00 p.m., the appellant returned home and saw his wife as conversing with Baburao jovially. The appellant was already disturbed over the behaviour of his wife and this friendly chitchat proved to be the last straw for his patience. It infuriated him so much that he picked up a stick and beat up his wife by the stick as well as by kick blows. It appears that deceased Pramila sustained some bleeding injuries including serious injuries to her ribs and the internal organs encased in it. She vomited and asked for a glass of water. It was served to her. The appellant then made her lie down and go to sleep. In the morning of the next day, the appellant found his wife as dead. He informed his another neighbour, the Police Patil, about the same. He informed the police, who arrived at the spot of incident. Meanwhile, brother of the deceased also residing in the same village had reached the spot of incident upon learning about the death of his sister. He gave an oral report to the police against the appellant, which was taken down in writing. Offence of murder punishable under Section 302 of the I.P.C. was registered and investigation was made into it. Upon completion of the investigation, chargesheet was filed, which was committed to the Sessions Court as the offence of murder was exclusively triable by the Sessions Court. The appellant pleaded not guilty to the charge framed against him and claimed to be tried.

(3.) On merits of the case, the learned Additional Sessions Judge found that the injuries suffered by deceased Pramila were caused to her intentionally by the appellant. It further found that some of those injures, particularly the fractured ribs and injuries to the lungs were caused to vital organs of deceased Pramila and so the offence of murder punishable under Section 302 of I.P.C. was proved beyond reasonable doubt against the applicant. Accordingly, the learned Additional Session Judge, by his judgment and order dated 08/12/2014, convicted and sentenced the appellant for the said offence with rigorous imprisonment for life and fine of Rs.5000/ along with default sentence of rigorous imprisonment for six months. It is the same judgment and order, which is under challenge in the present appeal.