- (1.)The appellantoriginal accused has preferred this appeal against the judgment and order dated 9.3.2012 passed by the learned Additional Sessions Judge, Solapur, in Sessions Case No.244 of 2011. By the said judgment and order, the learned Additional Sessions Judge convicted the appellant under Section 302 of IPC for causing the murder of Sangita and sentenced him to RI for life and fine of Rs.5000/, in default RI for 6 months.
(2.)The prosecution case briefly stated, is as under:
(i) Deceased Sangita was the wife of PW6 Sadashiv @ Prakash Raut. Sadashiv is the complainant in the present case. Sadashiv resided with his wife Sangita at village Ketur, Karmala, DistrictSolapur. The appellant is related to Sadashiv. The appellant was residing next to the house of Sadashiv. The wife of the appellant was dead. The incident had took place on 8th June 2011. Sometime prior to the incident, the appellant had outraged the modesty of Sangita by holding her hand and therefore Sadashiv and Sangita had complained to PW4 Bapusaheb Patil who was the Chairman of the Dispute Resolve Committee of their village. PW4 Bapusaheb Patil called the appellant and gave him warning to behave properly. The appellant prayed for apology from Sangita. However, even thereafter the appellant used to give signals to Sangita with his eyes.

(ii) The incident has taken place on 8.6.2011. On that day the complainant Sadashiv along with his wife Sangita went to their field at 12.00 to 12.30 p.m. At 1.00 p.m. Sadashiv returned home. At that time Sangita was in the field and was cutting grass. At about 2.00 to 2.30 p.m. the appellant assaulted Sangita with the sickle. The appellant then came out of the field and left the spot. The appellant was seen leaving the field with koyata and the bloodstained clothes by PW5 Narayan Raut. Since Sangita did not return home till 6.30 p.m. therefore her husband Sadashiv went to the field. He saw Sangita lying on the Bandh of their field with injuries on her person and Sangita was dead. Sadashiv then filed FIR Exhibit 28.

(iii) After filing FIR, investigation commenced. The dead body of Sangita was sent for postmortem examination. PW10 Dr. Saroj Khot conducted postmortem on the dead body of Sangita. Doctor noticed in all 13 injuries on the body of Sangita out of which 11 injuries were incised injuries and rest were contused lacerated injuries. Doctor gave her opinion that the probable cause of death of Sangita is due to shock and haemorrhage due to severe extensive multiple injuries on face and head, and the said injuries were possible by Koyata article10. The appellant came to be arrested. The Koyata (Article 10) and bloodstained clothes of the appellant came to be recovered at the instance of the appellant. These articles were sent to the Chemical Analyzer. After completion of investigation the chargesheet came to be filed.

(3.)Charge came to be framed against the appellant under Section 302 of IPC. The appellant pleaded not guilty to the said charge and came to be tried. The defence of the appellant was of total denial and false implication. After going through the evidence adduced in this case, the learned Sessions Judge convicted and sentenced the appellant as stated in para 1 above, hence, this appeal.