RAMESHWAR SHIVRAM BHENDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellant has assailed the Judgment of conviction awarded by the Additional Sessions Judge, Yavatmal in Sessions Trial No.73 of 2016, by which the appellant is convicted for the offence punishable under Section 302 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for life and to pay fine of Rs.10,000/ in default to suffer rigorous imprisonment for three months.

(2.) The case of prosecution against the appellant, as it appears from the evidence of witnesses, is as under : Complainant is the real brother of appellant. On 25th April, 2016, appellant came to the house of complainant. He had some quarrel with the deceased (wife of his brother) on account of mattress. Deceased talked with her husband on mobile and called him to the house. When complainant reached to his house, he saw his wife Vanmala lying in a pool of blood. He inquired with his daughter Gauri. She told that appellant/her uncle killed her mother. She disclosed to her father i.e. complainant that appellant demanded mattress and there was quarrel between her mother and appellant. Appellant stabbed her mother by knife. Complainant went to Police Station, Ner and lodged report (Exh.15). Crime was registered vide First Information Report (Exh.16).

(3.) Investigation was started. Appellant was arrested. Dead body was sent for post mortem. Post mortem was conducted by the Medical Officer. The accused was in the custody of police. He disclosed to show the knife. At his instance, knife was seized by the Investigating Officer in presence of panchas. Clothes of appellant were seized by the Investigating Officer. Statements of witnesses were recorded. After completing investigation, charge sheet was filed before the Judicial Magistrate, First Class, who, in turn, committed the case for trial to the Court of Sessions at Yavatmal.