LAWS(BOM)-1999-4-24

RAMCHANDRA NAVAJI WAGHMARE Vs. STATE OF MAHARASHTRA

Decided On April 23, 1999
RAMCHANDRA NAVAJI WAGHMARE Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) APPELLANT-Original Accused was tried in the Court of Additional Sessions Judge, Pune, in Sessions Case No.15 of 1993 for the offence punishable under Section 302 of the Indian Penal Code. By the judgment and order dated 5th November, 1993, the learned Additional Sessions Judge, Pune convicted the accused for the offence punishable under section 302 of I. P. C. and sentenced him to suffer rigorous imprisonment for life and to pay a fine of Rs. 1000/ -. In default of payment of fine, the accused was directed to suffer rigorous imprisonment for six months.

(2.) AT the trial, the case of the prosecution was as under : The accused was residing alongwith his deceased wife Anusaya and children in a hut situated in the field of P. W. 2 Ananta. The accused and his wife used to go for doing labour work. On 25-2-92 they left their hut at about 9.00 a. m. alongwith their children and proceeded for doing labour work. AT about noon time, they returned to village Kambre. The accused and his deceased wife Anusaya then went for consuming liquor. Both of them consumed liquor at the shop of P. W. 7 Devram Gaikwad and returned to their hut at about evening time. The accused was annoyed as his wife Anusaya could not prepare food properly. He therefore, began to abuse and beat Anusaya. Children of the accused, P. W. 4 Nanda and Maruti, got frightened. They left the house and went to their grand-mother's house at village Kambre.

(3.) THE defence of accused was one of denial. He stated that the entire case is false. According to him, he was being prosecuted only on suspicion. He stated that he and his wife went to the field in the morning. THEn he went to guard jawar crop. He returned to his house at 8.00 p. m. He did not know what happened in his house.