DEORAO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present appeal is directed against the judgment and order dtd. 6/3/2024 passed by the learned Additional Sessions Judge, Wardha in Sessions Case No. 29 of 2019, whereby the appellant came to be convicted for the offence punishable under Sec. 302 of the Indian Penal Code (for short ''IPC") and sentenced to suffer imprisonment for life and to pay a fine of Rs.5,000.00, in default of payment of fine, to undergo rigorous imprisonment for three months.

(2.) The prosecution case, in brief, is that the PW 1, informant, Pinky Gopal Kawale was residing at Natala along with her parents, deceased Rekha Deorao Mohije and appellant Deorao Ganpatrao Mohije. The appellant, who had retired from service at the M.S.E.B. office, Wardha, was habituated to consuming liquor and frequently quarrelled with and assaulted his wife Rekha.

(3.) On 17/10/2018, at about 4.00 a.m., the appellant left the house to consume liquor and returned at about 9.00 a.m. in an intoxicated condition. He abused and assaulted Rekha and, when she served him food, he threw the plate and beat her. The informant was present at that time. The appellant threatened both the informant and Rekha to leave the house or else he would kill them. Thereafter, at about 9.30 a.m., Rekha left the house for labour work and the PW 1 also proceeded to her place of work.