SURESH SAKHARAM KALBANDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal has been filed by the accused-appellant challenging the judgment and order dated 03.10.2015 passed by the Court of Additional Sessions Judge, Darwha, Yavatmal, in Sessions Trial No. 39 of 2013, whereby he has been convicted under Section 302 of the Indian Penal Code (IPC) and sentenced to suffer imprisonment for life and to pay a fine of Rs.1,000/- in default to suffer simple imprisonment for 3 months.

(2.) The prosecution case is that the incident in question took place on 24.03.2013 at 1 a.m. i.e. in the intervening night between 23.03.2013 and 24.03.2013. The accused was residing with his wife (the deceased) and his daughter (PW3) in a room adjacent to the house of his own mother (PW2). In the night of the incident, PW2 (mother) stated that she heard the noise of her granddaughter i.e. PW3, asking her father i.e. the accused not to assault the deceased and PW3 was raising an alarm.

(3.) PW2 (mother) knocked on the door of the room from where the noise was emanating and she asked her son- the accused, to open the door. But, the accused did not open the door due to which PW2 (mother) entered the room from the side of the wall which was not fully constructed. She asked the accused not to assault his wife. But the accused tied the neck of his wife with a cable wire and he was strangulating her. It is also alleged that there was a knife in the hands of the accused and that he used the same to assault his wife on her hands. Due to this brutal assault, the wife of the accused died on the spot. The incident was also witnessed by PW3 (daughter).