MAHENDRA PARASHRAM CHAKATE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Being aggrieved by the judgment and order of conviction passed by learned Sessions Judge, Gondia, dated 11th of March, 2013, in Sessions Trial No.76 of 2012, by which the appellant was convicted for the offence punishable under Section 302 of the Indian Penal Code and was directed to suffer imprisonment for life and to pay a fine of Rs.5000/ and in default of payment of fine to undergo rigorous imprisonment for six months, the appellant has preferred the present appeal.

(2.) The prosecution case in nutshell is as under : Chambharu Mohan Raut (PW 1) is the father of deceased Maheshwari. Her marriage was solemnized with the appellant in the month of May, 2011. Chambharu lodged his oral report (Exh.9) on 10th of June, 1992 with the Police Station Duggipar of district Gondia. The said report was disclosing a commission of a cognizable offence, hence a Crime was registered vide Crime No.57 of 2012 for the offence punishable under Section 302 of the Indian Penal Code against the appellant.

(3.) In the report it is stated by the first informant that after marriage deceased Maheshwari started residing with the appellant. They used to reside at Saoner and the appellant was working with a Contractor for Centering work. In 2012, at the time of 'Rangapanchami', deceased and the appellant came to the first informant's house. That time, it was disclosed by the deceased to him as well her mother that the appellant is having illicit relations with somebody and on that count he is maltreating her. On 6 th of June, 2012, there was obsequies in the house of the appellant and therefore, the first informant went to Palasgaon, the ancestral village of the appellant. That time, the first informant noticed that the deceased was under tension. After attending the obsequies the first informant proceeded towards his village. On 10th of June, 2012, he received an information on his mobile phone about the death of his daughter. Therefore, immediately he along with his relatives went to Palasgaon. On reaching Palasgaon he noticed certain marks around the neck of his daughter and therefore he made enquiry with the appellant. That time, the appellant confessed that since the deceased Maheshwari was taking suspicion, therefore, he has strangulated her by nylon rope.