MADHUKAR AADAPPA GAIKWAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 31-3-2003 of the II Ad-hoc Additional Sessions Judge, Kolhapur. The accused appellant has been convicted under section 302 of the Indian Penal Code and sentenced to life imprisonment. He was also directed to pay a fine of Rs. 2,000/-.

(2.) The case of the prosecution is that, in the night intervening between 31 -4-2002 and 1-5-2002, the accused killed his wife by strangulating her with a telephone wire. The victim had written on her left forearm with a ball-pen in Marathi "_bm mAm Zde'mZo R>ma _mabo nmo{bg Ho$g H$am" i.e. my husband has killed me file a case. After the police were informed of the incident, at about 7.30 am. a photographer was called and photographs of the dead body were taken. An inquest panchanama and a spot panchanama was drawn, after which the accused was arrested. The prosecution has alleged that the accused often harassed the victim after their marriage 11 months prior to the incident. The accused was tried for murdering his wife and has been found guilty by the Sessions Court.

(3.) The prosecution examined 13 witnesses in support of its case. PW-3 is the brother of the deceased and PW-4 is her mother. PW-7 and PW-8 were neighbours of the deceased. PW10 is the medical officer who has performed the post-mortem examination. Besides these witnesses, PW-1, PW 2 and PW5 are the panch witnesses who have proved the spot and the inquest panchanamas as also the recovery of the telephone wire at the instance of the accused. PW-11, PW12 and PW13 are the police officers who were involved in the investigation of this case.