KIRAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appeal is filed against the judgment and order of Sessions Case No. 124/2013 which was pending in the Court of learned Additional Sessions Judge, Osmanabad. The Trial Court has convicted the appellant of the offence punishable under section 302 of Indian Penal Code (hereinafter referred to as 'IPC' for short) and he is sentenced to suffer rigorous imprisonment for life and to pay fine of Rs.5,000/-. The other accused, parents of the appellants are acquitted of all the offences by the Trial Court. Heard both the sides.

(2.) In short, the facts leading to the institution of the appeal can be stated as follows :-

(3.) The deceased was the wife of present appellant. Their marriage had taken place on 7.5.2009 and incident in question took place on 27.9.2012. On that day, the deceased was lying injured on the road and spot is situated in the vicinity of the field of appellant. The appellant informed first to his father that the deceased had accidental fall from motorcycle and her condition was serious. This information was passed to Police Patil Shri. Maruti Avahad (PW 1). He went to the spot. She was already dead. Police Patil gave report about the unnatural death on 28.9.2012 and A.D. came to be registered at 00.30 hours. During inquiry of A.D. inquest was prepared. The spot panchanama was prepared and the dead body was referred for post mortem (P.M.) examination. The P.M. examination revealed that it was death due to cardiorespiratory arrest due to asphyxia due to throttling. The P.M. was conducted between 10.00 a.m. and 10.40 a.m. on 28.9.2012.