NAVNATH DATTATRAYA WAGHMARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant is convicted by the learned Sessions Judge, Beed, on 5. 1. 2006 in Sessions Case No. 7 of 2005, for committing murder of his wife Manjubai and thus committing offence punishable under section 302 of the Indian Penal Code and sentenced to suffer imprisonment for life by his judgment and order.

(2.) Briefly stated, deceased Manjubai was wife of present appellant. They married 15-16 years before the incident on 2. 10. 2004. They were blessed with two sons and a daughter. Still the appellant was suspecting character of manjubai and harass her. As a result, Manjubai used to leave the house and go to the house of her sister Tarabai (pw-3) or to her brother's house. Accused used to go and bring her back and again they used to live together. This happened many times.

(3.) Fifteen days before 2. 10. 2004 manjubai had come to the house of Tarabai (pw-3) after she was beaten by accused-appellant due to suspicion on her character and was living with Tarabai (pw-3) at Hingni, Taluka Ashti, district Beed. The appellant is resident of village Diksal, Taluka Karjat, District ahmednagar. On 1. 10. 2004 the appellant went to bring back his wife. Tarabai (pw-3) and deceased Manjubai had gone in the land of tarabai. They returned at about 6. 00 p. m. On that day, the husband of Tarabai (pw-3) Popat pawal had gone to the brother of Tarabai for some reason and he had not returned back due to heavy rains. Bapu (pw-6) son of Tarabai was at the house when the appellant came. Tarabai (pw-3) , Bapu (pw-6) , the appellant and deceased manjubai took dinner and Manjubai and Tarabai (sic) went to sleep in a room described as