S.K. Gangele, J. - (1.)Appellant has filed this appeal against the judgment dated 03.02.2007 passed in Sessions Trial No.186/2006. The trial Court held the appellant guilty for commission of offence punishable under Section 302 of Indian Penal Code awarded a sentence for life imprisonment alongwith fine of Rs.300/- with default stipulation, RI for two months.
(2.)Allegation against the appellant is that on 20.09.2006, he committed murder of his wife and concealed her body at a nearby place. Thereafter, on 21.09.2006 at around 7 in the morning, he informed the aforesaid fact to Village Kotwar Onkardas, who lodged the FIR. Police conducted investigation and filed chargesheet. The appellant abjured the guilt and pleaded innocence. The trial Court, after trial, held the appellant guilty for commission of offence and awarded sentence as mentioned above in the judgment.
(3.)Learned Amicus Curiae for the appellant has contended that the trial Court has committed an error of law in holding the appellant guilty for commission of offence punishable under Section 302 of IPC. The appellant could not be convicted for commission of offence punishable under Section 302 of IPC because the incident took place all of a sudden in heat of passion. There was no intention of the appellant to kill his wife.