SURESH MAHADEV WANKHEDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appeal is filed against the judgment and order of Sessions Case No.219 of 2000 which was pending in the Court of the learned Additional Sessions Judge, Jalgaon. The appellant is convicted for offences punishable under sections 302 and 309 of the Indian Penal Code and punishment of imprisonment for life is given to him. Both the sides are heard.

(2.) In short, the facts leading to the institution of the present proceeding can be stated as follows. The deceased Usha was wife of the appellant. The incident took place in village Maskawadsim, Tahsil Raver, District Jalgaon and it is the native place of the present appellant, accused. The deceased was given in marriage to him about 15 to 16 years prior to the date of the incident and they have issues from this marriage. The appellant, his mother, the deceased and the issues of the appellant were living in Nashik as he was serving there. The appellant used to visit the native place occasionally as his relatives from parents' side are living there and he has also property there.

(3.) Rupchand Wankhede is the uncle of the accused. The deceased and the accused were invited by the family of Rupchand for puja which was arranged in Navratri, a Hindu festival. The appellant and the deceased reached the residential place of Rupchand on 5-10-2000 at about 12.30 noon. They stayed there, they had meal there and they slept in the house of Rupchand in the night between 5 October and 6 October 2000.