MANOHAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed by the appellant original accused against the judgment and order dated 14.08.2007 passed by the learned Additional Sessions Judge, Amravati, in Sessions Trial No. 197 of 2006. By the said judgment and order, the learned Sessions Judge convicted the appellant under Section 302 of Indian Penal Code, and sentenced him to suffer imprisonment for life and to pay fine of Rs.5,000/ in default to suffer R.I. for one year.

(2.) The prosecution case briefly stated is as under : The accused was married to Ranjana (deceased). They had two children i.e. one daughter P.W. 3 Deepali and one son Nitin. The accused was addicted to liquor and Ganja, on account of this, there used to be frequent quarrels between the husband and wife. On 20.06.2006, in the night at about 00.45 A.M., the accused assaulted his wife on head with Pata (grinding stone). Deepali was present in the house. She heard some sound and hence she woke up. She saw accused sitting near her mother. Her mother was covered with chaddar. The accused told her that her mother was not feeling well, therefore, he would bring a Doctor. He told her not to remove the chaddar and not to see her mother. Thereafter, the accused ran away from the house. Deepali uncovered the face of her mother and saw bleeding injury on the head of her mother. On seeing this, she went to their landlord PW 1 Arun, who was residing in the same building. Arun came in the house and saw Ranjana lying on the bed. He found that Ranjana had injury on the head and there were no movements. He immediately left the room. At a little distance, he saw a Police Constable P.W. 2 Shalindra. Arun told P.W. 2 that accused had killed his wife and ran away. Thereafter P.W. 1 Arun informed P.S.I. Atram of Police Station Rajapeth on his mobile. Police arrived at the spot immediately. FIR of P.W. 1 Arun came to be recorded. The body of Ranjana was sent for post mortem. P.W. 4 Dr. Rathi conducted post mortem on the body of Ranjana and found following injuries on her body.

(3.) Charge came to be framed against the accused appellant under Section 302 of IPC. He pleaded not guilty and claimed to be tried. His defence is that he had left the house in the night to search his son Nitin. On the way, some 4 5 persons beat him. He went to the Police Station and fell unconscious. Thereafter, police arrested him. According to him, when he left the house, the door was open, so some unknown assailant entered his house and caused the death of his wife. After going through the evidence adduced by the prosecution, the learned Sessions Judge convicted and sentenced the appellant as stated in para 1 above, hence, this appeal.