BHAIRU SHANKAR KHOMANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THROUGH this appeal, the appellant has challenged the Judgment and Order dated 31-7-1993 passed by the Additional Sessions Judge, Pune, in Sessions Case No. 283 of 1992, convicting and sentencing him in the manner stated hereinafter :-

(2.) IN short, the prosecution case runs as under :- The deceased Laxmibai was the wife of the appellant. Since two to three months prior to the incident, quarrels used to take place between the appellant and the deceased. On 29-10-1991, at about 12 noon, the appellant and laxmibai visited the market at village Velhe. Dasrath khomane P. W. 3 and Ramdas Khomane PW 4 the brother and cousin brother of the appellant respectively saw them going. But, the appellant alone returned from the market. Dasrath khomane P. W. 3 and Sopan (died prior to the recording of evidence) both real brothers of the appellant, enquired from him about the whereabouts of Laxmibai. The appellant told them that she was at Saldara but, they should not go there. Naturally, they became suspicious; went to Saldara; and found there, Laxmibai s dead body in a naked condition.

(3.) THE F. I. R. of the incident was lodged by Sopan on 31-10-1991 at police station Jejuri. On its basis, PSI Yashwant ombase PW 6 registered C. R. No. 85 of 1991 under sections 302 and 201, Indian Penal Code.