JUDGEMENT
A.S.GADKARI, J. -
(1.)Appellant Has Impugned Judgment And Order dtd. 30/1/2015, Passed By Learned Additional Sessions Judge, Malegaon, District Nashik In Sessions Case No. 20 Of 2013, Convicting Appellant For The Offence
Punishable Under Sec. 302 Of The Indian Penal Code ( For Short The "Ipc")
And Sentencing Him To Rigorous Imprisonment For Life And To Pay Fine Of
Rs.2,000.00.
(2.)Heard Mr. Gole, Learned Advocate For Appellant And Mr. Dedhia, Learned App For Respondent-State. Perused Entire Record.
(3.)It Is The Prosecution Case That, Deceased Kedabai @ Lalita Was The Second Wife Of Appellant. Appellant Had Earlier Married With Ujwalabai And
Had Divorced Her. Appellant Subsequently Married With Deceased Kedabai @
Lalita. There Were Frequent Quarrels Between Appellant And Deceased
Kedabai @ Lalita On The Ground That, Appellant Was Intending To Bring Back
His Earlier Wife Ujwalabai For Cohabitation. It Is The Precise Motive Alleged
Behind Commission Of The Present Crime.
That, In The Intervening Night Of 15/10/2012 And 16/10/2012 Between 12.30 A.M. To 12.45 A.M., Appellant Committed Murder
Of Kedabai @ Lalita By Assaulting Her On Her Head With A Wooden Log And By
Strangulating Her.
At About 10.00 Am Of 16/10/2012 Baban U. Sonawane
(P.W.4) Heard Cries Of Children Of Deceased Kedabai @ Lalita From The Room
Which Was Rented To Appellant And Deceased. He Therefore Looked Inside The
House And Saw That, Kedabai @ Lalita Was Lying Dead On The Floor Of The House
On The Mattress. There Was Bleeding Injury To Her Head. The Household
Articles Were In Scattered Condition In The House. He Accordingly Informed The
Said Fact To Police. The Close Relatives Of The Deceased Kedabai @ Lalita
Namely Anil N. Nikam (P.W.1), Cousin Brother ; Smt. Shobha T. Khairnar
(P.W.5), Sister And Thakubai Daga Nikam (P.W.11) Mother Of Deceased Kedabai
@ Lalita Were Informed. They Reached At The Spot Of Incident Within 45
Minutes. Anil N. Nikam (P.W.1) Lodged Crime With Vadner-Khakurdi Police
Station, Taluka Malegaon, District Nashik On The Same Day. Inquest
Panchanama (Exh-17) Was Conducted By Investigating Officer Shri. Haribhau P.
Kolhe (P.W.12) In Presence Of Panch Witness Arun B. Vichare (P.W.2) And The
Spot/Scene Of Offence Panchanama (Exh-19) Was Drawn In Presence Of Panch
Witness Ashok R. Khairnar (P.W.3). The Photographs Of Scene Of Offence Were
Taken By Photographer Dinesh A. Shinde (P.W.8).
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