BALU GENA MAHAJAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant is original Accused. He has filed the present Appeal, challenging the judgment and order dated 15 th December, 2005, passed by the District & Sessions Judge, Solapur, who was pleased to convict the accused for the offence punishable under Section 302 of the Indian Penal Code, and sentenced him to undergo life imprisonment and to pay fine of Rs. 3,000/-, in default to suffer rigorous imprisonment for two years.

(2.) The brief facts are as underThe case of the prosecution is that Appellant had married the deceased Draupadabai about 20 years prior to the incident and out of the said marriage, three daughters and one son were born. The case of the prosecution is that initially after the marriage, Appellant was working as a servant on the farm of Mr. Patil. However, for about 4-5 years prior to the incident, the Appellant was residing at Akluj with his mother and also used to stay with wife in a tin-shed at Tembhurni. The prosecution case is that Appellant used to assault his wife after consuming liquor and he used to quarrel with her and also used to assault his son. The Appellant's son and one daughter were kept in the Remand Home, and his wife Draupadabai used to earn livelihood by selling footwares in various bazars.

(3.) The case of the prosecution is that incident took place in the night between 28-12-2004 and 29-12-2004. The prosecution case is that the Appellant as usual after consuming liquor had quarrel with his wife Draupadabai and assaulted her and then he went to the tinshed where his wife was residing, and the quarrel between the husband and wife continued till late at night. Thereafter in the morning the father and mother of the deceased, who were residing in a hut at about 100 ft. away from the tin-shed saw the door of the tinshed was open and when they went inside, they found that her daughter was lying in a pool of blood and there was a big stone near her head, which was lying beside her dead body.