PRAVEEN S/O VASANTRAO CHARJAN Vs. STATE OF MAHARASHTRA, THROUGH POLICE STATION OFFICER, POLICE STATION NANDGAON PETH, AMRAVATI, TQ & DIST AMRAVATI

JUDGEMENT

(1.) By this appeal, the appellant has challenged the judgment and order dated 23.01.2014 passed by the Court of Session, Amravati, in Sessions Case No. 63 of 2006, whereby the appellant was convicted under Sections 302 and 498-A of the Indian Penal Code (IPC), sentenced to suffer imprisonment for life and rigorous imprisonment for 1 year, with the sentences running concurrently and he was further sentenced with amounts of fine to be paid in respect of the said conviction.

(2.) The appellant has been charged with the murder of his wife Vaishali and as per the prosecution, the incident in question happened in the early morning of 12.10.2005. A report of accidental death was submitted to the Police Station in respect of the said incident, as a result of which spot panchanama and inquest panchanama were prepared between 9.30 and 10.45 in the morning in the presence of panchas, by the Police Sub Inspector K.Y. Apar.

(3.) It was recorded in the spot panchamama that the body of the deceased -wife of the appellant, was found in the bathroom having dimensions 41/2' X 6' which was attached to the bedroom on the first floor of the house. It was recorded that the appellant, being the husband of the deceased, had shown the place where the dead body was lying. It was recorded that a box of Livocin poisonous medicine was found near the dead body, beneath the wash basin and that the head of the deceased was near the commode. It was recorded in the inquest panchanama that there were injury marks on the right wrist of the deceased from where some bleeding was seen and that while the eyes and mouth were closed, there was white froth coming from the nose of the deceased.