DATTU ROHIDAS MORE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant (original accused) has filed this appeal, challenging judgment and order dtd. 29/12/2018 passed by Additional Sessions Judge, Niphad in Sessions Case No.55 of 2015, whereby he has been convicted for offence punishable under Sec. 302 of the Indian Penal Code, 1860 (IPC) and sentenced to suffer life imprisonment and to pay fine of 5,000/-, and in default of payment of fine, to further suffer rigorous imprisonment for a period of 6 months.

(2.) The prosecution case in brief is that the appellant caused the death of his wife on 28/12/2014 by assaulting her with an axe and then attempted to run away. It is the case of the prosecution that the appellant got married to the deceased in the year 2006 and that two children were born to them. There were certain quarrels between husband and wife and it is stated that one day prior to the incident i.e. on 27/12/2014, the appellant had attempted to commit suicide by jumping into a well. He was taken out of the well and the family members as also the father of the deceased had tried to reason with him, due to which he came back home.

(3.) On the next day i.e. on 28/12/2014, early in the morning, according to appellant's father i.e. PW3-Rohidas More, the appellant assaulted his wife with an axe in their room and when he attempted to run away, PW3 caught hold of him and with the help of his other son, restrained the appellant by tying him with rope. The police was informed, who reached at the spot and arrested the appellant. PW3 stated that he saw the deceased i.e. his daughter-in-law lying on bed in a pool of blood with grievous injuries on her head. He also saw the axe at the spot of the incident.