LAHU MALHARI KHARATE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal preferred by accused - Lahu Malhari Kharate, who is convicted for having committed the offence punishable under Section 302 of the Indian Penal Code by committing murder of his wife, and is sentenced to suffer imprisonment for life and to pay a fine of Rs. 1,000/-, in default to suffer rigorous imprisonment for three months, by the learned II Adhoc Additional Sessions Judge, Latur, in Sessions Case No. 95 of 2004 on 6.2.2006.

(2.) It is case of the prosecution that about 2 months prior to 16.7.2004, deceased Vandana married the appellant and thereafter had been residing with the appellant at his house at Vasantnagar Tanda Killari, Taluka Ausa, District Latur. On 16.7.2004 at about 7.30 a.m. Vandana was cooking in the house. The appellant asked her why on earlier day she had gone to collect the fire wood instead of going for labour work and he started abusing. Then he took a knife and gave blows on chest, abdomen and left arm of Vandana. She raised shouts. On hearing quarrel and shouts, neighbours - (pw1) Vatchala Gaikwad, (pw3) Manubai Kharate, (pw4) Nilkanth Gaikwad, (pw5) Satish Kharate and Vandana s brother (pw6) Amrut Gaikwad gathered. It is case of (pw6) Amrut that he scuffled with the accused and thereafter the accused-appellant ran away.

(3.) Originally besides appellant, his brother, mother, sister and sister s husband were made accused, but they are acquitted by the Sessions Court. It is further prosecution case that in an injured state Vandana was taken to the police station at Killari where Head Constable (pw11) Bashid Shaikh recorded the statement of Vandana and thereafter Vandana was taken first to the Rural Hospital at Killari and then to the Civil Hospital, Latur. She succumbed to the injuries at about 11.40 a.m. on the same day.