SIDDESH ANIL ASHIRAT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By consent of the parties, added to final hearing board and taken up for final hearing forthwith.

(2.) The appellant was tried in the Court of Additional Sessions Judge, Sindhudurg for offence punishable under Section 302 of the Indian Penal Code (for short, "the IPC") for having caused death of Vanjakshi, wife of K.C. Shivanna of Sawantwadi District, Sindhudurg on 2-1-2006.

(3.) The case of the prosecution was that the appellant was serving in the hotel run by K.C. Shivanna of Sawantwadi and his wife Vanjakshi (the deceased). The appellant served in that hotel from 15-6-2005 to 21-11-2005. During this period, amount to the extent of 12% of his salary was deducted by way of Provident Fund contribution by the owner of the hotel. The appellant was repeatedly asking the owner of the hotel and his wife (the deceased) to pay the said amount. Despite repeated demands, the amount was not paid. Hence, on 2-1-2006, the appellant went to the house of the deceased to claim the amount. The appellant asked for the amount. The deceased refused to pay him. There was altercation between the two. The appellant removed a knife from his pocket and stabbed the deceased.