- (1.) Leave granted.
(2.) Challenge in this appeal is to the judgment of a Division Bench of the Bombay High Court, Aurangabad Bench dismissing the appeal filed by the appellant upholding his conviction for offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the 'IPC')and the sentence of imprisonment for life and fine of Rs.200/- with default stipulation. The judgment impugned before the High Court was delivered by learned Second Additional Sessions Judge, Latur in Sessions case No. 24 of 2004.
(3.) Prosecution version in a nutshell is as follows: On 28.11.2003 at about 9:30 a.m., appellant Antram caused death of his wife Shobha by brutally assaulting her with an axe. Shobha was married to the accused long back. Two sons and the daughter were the children born from said wedlock. About 3 years prior to alleged incident, Shobha had started residing at village Kamkheda with the children, which is place of her parents. Accused belongs to village Zari Khurd. He used to intermittently visit Shobha and children at village Kamkheda. The relations between husband and wife had not remained cordial because accused used to object to Shobha undertaking any job. This was because he used to suspect her character. Accused had been to village Kamkheda about 8 days prior to alleged incident. There is no eye witness to the incident. Prosecution case rests on circumstantial evidence. Accused and deceased were in the house at the time of incident. A quarrel took place between the couple during which accused brutally assaulted Shobha with an axe and thereafter ran away. Sangeeta (PW-5), daughter of deceased and accused, was about to proceed to school when the quarrel had started. It was Friday and there was Saraswati Puja in the school. At the suggestion of teacher, Sangeeta returned home for bringing some flowers. Since she noticed that house was locked from outside she enquired from the neighbour about her mother. Ultimately, she returned home, opened the door to find mother Shobha lying on the floor in injured condition with bleeding injuries on her head, face etc. A blood stained axe was also lying there. She enquired from her mother as to what had happened. She disclosed that she was assaulted by Sangeeta's father i.e., accused. Sangeeta reported the matter to her maternal uncle Tukaram (PW-2), who arrived at the spot and enquired from Shobha when she repeated that she was assaulted by accused. Tukaram (P.W.2) and his uncle Ganpat took Shobha to Hospital at Renapur in an auto rickshaw. At the advice of Medical Officer, Renapur, she was shifted to Civil Hospital, Latur. The Medical Officer at Civil Hospital, Latur, advised them to take her to S.R.T. Medical College, Ambajogal. The relatives, however, took her to Dr. Sham Agroya (P.W.6) a private medical practitioner and neuro surgeon at Latur. Tukaram went to Police Station, Renapur and reported the matter to Police. His report was reduced to writing and the same was treated as FIR (Exh.24), which set law into motion.;