- (1.) The present appeal is directed against the judgment and order of conviction passed by the Additional Sessions Judge-9, Nagpur in Sessions Trial No. 342 of 2012. By the said judgment and order, appellant is convicted for an offence punishable under Section 304, Part-II of the Indian Penal Code and directed to suffer rigorous imprisonment for five years and to pay a fine of Rs. 500/- and in default of payment, to suffer further rigorous imprisonment for two months.
(2.) Heard Mr. C.R. Thakur, learned counsel for the appellant and Mr. S.S. Doifode, learned Additional Public Prosecutor for respondent-State. With their able assistance, I have gone through Record and Proceedings as well as notes of evidence.
(3.) The prosecution case is as under : Deceased is Sandhya Gudadhe. Her husband is Dilip Gudadhe (PW 2). He lodged oral report (exhibit 13) with Police Station, Panchpaoli, Nagpur on 6.5.2012. As per his FIR, Sarita Kolte is the sister of his wife. Sarita was married to Gourishankar Kolte, the appellant, in the year 2002. They resided in the same locality where Dilip, the first-informant resides. Along with appellant Gourishankar, his brother Jageshwar also resides. Appellant Gourishnakar was addicted to gambling and also used to drink liquor. He was not doing any regular work. The cumulative effect of the same was the frequent quarrels between appellant Gourishankar and his wife Sarita. Ultimately, Sarita along with her two daughters left the house with Jageshwar, her brother-in-law.;