TANAJI ATMARAM PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant, original accused was tried in the Court of Jt. District and Addl. Sessions Judge, Sangli at Sangli in Sessions Case No.13 of 1995, for having committed offence under section 302, 324, 498a I. P. C. By judgment and order of conviction and sentence dated 6th July, 1995, the appellant was convicted for offence under section 302 I. P. C. and was sentenced to suffer R. I. for life and to pay a fine of Rs. 1,000/ -. In default the appellant was to undergo R. I. for six months. He was also convicted for the offence under section 324 of the I. P. C. and was sentenced to suffer R. I. for one year and to pay a fine of Rs. 1,000/ -. In default he was to suffer R. I. for six months. He was however, acquitted of the offence under section 498a I. P. C.

(2.) BEING aggrieved by the said judgment and order of conviction the appellant has preferred the present appeal.

(3.) THE defence of the accused is one of denial. According to him he was falsely implicated. He stated that Pramila lived with him till the date of incident. On the day of incident she returned from work. THEy took meals and at about 8.30 p. m. Pramila went out. THEreafter she did not come back and he did not know what happened after she left the house. During cross-examination it was suggested to the accused that Pramila was assaulted by unknown persons when she resisted their attempt to molest her.