- (1.)THE appellant was tried in the Court of Additional sessions Judge, Islampur at Islampur in sessions Case No. 39 of 2003 for offence punishable under section 302 of the Indian penal Code (for short, "the IPC") for having murdered his wife Jayshree by causing asphyxia by tying a nylon rope around her neck.
(2.)IN short, the prosecution case is that jayashree was married to the appellant about 8 to 9 years back. Two children were born to them. About 2 to 3 years after the marriage, the appellant started ill-treating jayashree. He was addicted to liquor. He used to come home drunk and beat jayashree. He used to demand money from jayashree's mother. He had demanded money from her for purchasing bullock. That demand could not be fulfilled. The appellant started suspecting Jayashree's character and on 24/3/2003 at about 5. 00 a. m. in his residential house, he killed Jayashree by tying a nylon rope around her neck which caused asphyxia.
(3.)IN support of its case, the prosecution examined as many as nine witnesses. The prosecution examined P. W-3 anandibai, the mother of Jayshree, P. W-1 nivruti Kadam, the nephew of P. W-3 anandibai, P. W-5 Ramchandra C. Paul, the brother of the appellant. The prosecution also examined P. W-2 Raghunath Patil, who is pancha to spot panchanama (Ex-9) and p. W-4 Ramchandra Patil, the neighbour of the appellant. P. W-6 Dr. Kishor Patki had done post-mortem of Jayshree. P. W-7 ASI shankar Nangare, P. W-8 API Vishnu Pawar and P. W-9 API Kashinath Patil have given the details of investigation.