YUSUF IBRAHIM KHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant/ accused has challenged the Judgment and Order of conviction dated 26th July, 2006, recorded by the learned Additional Sessions Judge, Pune in Sessions Case No.302/2000, whereby the appellant/accused is convicted for the offence punishable under Section 302 of the Indian Penal Code and sentenced to suffer R.I for life and fine of Rs.5000/- in default to undergo R.I for five months.

(2.) ON 4th April, 2000 when children of the appellant/accused and his wife were present at their home, in the evening the appellant/ accused demanded Rs.20/- from his wife for drinking liquor which was complied by her. The appellant/accused after bringing the same consumed in the house. Thereafter, demanded Rs.5/- from Rizwana his wife the deceased, for purchasing Goa Gutkha. On her refusal to comply, the accused got irritated. The appellant/accused further asked her to join him to Patil Estate for which also Rizwana declined. The accused then lifted a grinding stone and hit her on her head causing severe bleeding injuries, which ultimately resulted in her death.

(3.) ACCORDING to Dr.Rajendra Bansal, the injury Nos.2, 3, 6, 7 and 8 referred above with the internal damage, were sufficient in the ordinary course of nature to cause death and injuries were possible by the grinding stone (Article No.1). P.W.4 did not agree that injuries were possible by fall.