S.S.SHINDE, J. - (1.) This Criminal Appeal is filed by the Appellant [original accused], challenging the Judgment and Order dated 25.11.2011 passed by the learned Additional Sessions Judge -1, Nanded in Sessions Case No. 217 of 2007, thereby convicting the appellant for the offence punishable under Section 302 of Indian Penal Code for the murder of Gayabai and Sunita and sentenced to suffer life imprisonment, which shall not be less than 28 years of actual jail sentence, meaning that the accused should remain in jail for minimum 28 years and to pay a fine of Rs.1000/ -, in default to suffer another one year. Facts of prosecution case, in brief, are as under:
(2.) The accused is the husband of deceased Sunita and son -in -law of deceased Gayabai and complainant Dinkar Kandhare. The complainant Dinkar Kandhare lodged the report on 13.09.2007. The marriage of accused and deceased Sunita solemnized five years prior to the incident. As the accused was not having any child from his first wife, he married with Sunita, with the consent of first wife. After 1 1/2 years of the marriage, accused started suspecting the chastity of wife and on that ground, he used to beat her and ill -treat her. The fact of suspecting the character and ill -treatment was narrated by deceased to the father. In April, 2007, accused beat the wife, suspecting her chastity, at that time deceased Sunita came to the house of parents and since then she was residing at parent's house. On 04.09.2007, deceased Gayabai was hospitalized in Government Hospital for the operation of eye. Deceased Sunita used to remain with mother in Hospital.
(3.) On the day of incident i.e. 13.09.2007, accused went to the house of younger daughter of complainant Vanita Venkatesh and asked her whereabouts of his wife. Vanita told him that, she was in Hospital. Therefore, accused went to Government Hospital during 10.30 to 11.00 a.m., went in the Ward No.10 i.e. eye ward, and assaulted deceased Sunita and Gayabai with axe. As per the prosecution case, after assaulting Sunita and Gayabai, accused threw the axe on the spot. Hearing the shouts of patients in the ward, the security guard and police of said Hospital came on the spot, and caught hold the accused on the spot. Immediately after the incident, the injured were medically treated. The matter was intimated to the Police Station, Police came on the spot and took the accused in custody. While the treatment was going on, unfortunately Gayabai died after some time and in the night hours Sunita died.;