RAMDAYAL ARJUN YADAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appeal is directed against judgment and order dtd. 7/8/2020 passed by the Additional Sessions Judge, Chandrapur, in Sessions Case No. 60/2018, thereby convicting the appellant for the offence punishable under Sec. 302 of the Indian Penal Code, 1860 (IPC). He has been sentenced to suffer rigorous imprisonment for life and to pay fine of Rs.500.00.

(2.) The case concerns death of one Asimbai, who was found lying injured and bleeding inside a hut in Sakharwahi. The incident occurred on 28/3/2018. One Mr. Vikas Maraskolhe (PW1), was a driver at the construction site, where Asimbai and her husband, i.e., the appellant, were working. When Vikas reached the spot, he found Asimbai injured inside the hut, and the appellant standing at doorway. Vikas, along with appellant and one Vitthal removed Asimbai to the Government Hospital, Chandrapur, but due to suspected brain injury, she was later referred to hospital at Nagpur. During ambulance journey to Nagpur, the appellant said that he assaulted his wife in anger because she abused him while he was eating. Before reaching Nagpur, Asimbai expired. She was declared dead at Samudrapur Hospital. On returning back to Chandrapur, Vikas lodged report with Police Station - Padoli, District - Chandrapur, which was registered as Crime No. 62/2018 for the offence punishable under Sec. 302 of the IPC.

(3.) The investigation was taken up, evidence collected and chargesheet filed. The appellant pleaded not guilty. The prosecution examined seven witnesses. The defence of the appellant was of total denial. The trial Court, after having considered all attending circumstances, held appellant guilty of crime. The appellant is aggrieved by the said finding. Hence, present appeal.