DHONDIRAM BHIMRAO SHELKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal filed by the appellant Dhondiram Bhimrao Shelke, impugning the judgment and order passed by the II Additional Sessions Judge, Pandharpur in Sessions Case No.113 of 2001. By the impugned judgment and order, the accused has been convicted for offences punishable under Sections-302 and 498A of the Indian Penal Code. For the offence punishable under Section-302 of the Indian Penal Code, he has been sentenced to suffer imprisonment for life and to pay a fine of Rs.1000/-, in default to suffer simple imprisonment for three months. For the offence under Section 498A of the Indian Penal Code, he has been sentenced to suffer simple imprisonment for one year and to pay a fine of Rs.1000/-, in default to suffer further simple imprisonment for the period of three months. Both the substantive sentences have been directed to run concurrently. Set off under Section-428 of the Code of Criminal Procedure has been granted.

(2.) The prosecution case was as under.

(3.) In due course, the matter was committed to the Court of Sessions and charges were framed. In order to prove the case, the prosecution examined in all nine witnesses including P.W.No.2 eye witness Ranjana, P.W.No.4 Ankush who had seen the accused while going away from the house, P.W.No.6 Tanaji who was the panch witness of discovery and seizure of blood stained clothes of the accused and P.W.No.1 Tukaram-brother of the deceased. The defence of the accused was of denial. From the suggestions made to the eye witness Ranjana. it appears that it was his defence that he was out of the house when the incident occurred and that it was Ranjana who hacked the deceased to death because she was upset as the accused was having more loving relationship with the deceased and also with the fact that he had transferred his land to the two sons from the deceased.