KISAN KANIRAM RATHOD Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant seeks to assail the judgment and order dated 18.7.2002 delivered by the Additional Sessions Judge, Khamgaon, in Session Trial 35 of 1997, by and under which the appellant (hereinafter referred to as "the accused") is convicted for the offence punishable under section 304 Part II of the Indian Penal Code (" IPC " for short) and is sentenced to suffer rigorous imprisonment for 7 years and to payment of fine of Rs. 2000/-.

(2.) The accused and the deceased Yashoda entered into matrimonial alliance in the year 1992 or thereabout (the exact month or year is not discernible from the record). The accused was residing with Yashoda at village Belkhed.

(3.) On the fateful day of the incident which occurred on 5.6.1997, the accused alongwith his father-in-law Ranglal Chavan, (complainant) and co-brother Totaram Pawar had been to Khamgaon to sell goats. They had lunch at Khamgaon. Ranglal and Totaram Pawar stayed back in Khamgaon, since Ranglal intended to purchase baby goat. The accused returned to Belkhed at 5 p.m.