DATTU @ DATTA BHIKA TONGARE vs THE STATE OF MAHARASHTRA

NISHA 1. By this appeal, the appellant has assailed the judgment and order dated 25th September 2014, passed by the learned N. S. Chitnis 1/17 1-appeal.798.2018.doc Additional Sessions Judge, Niphad, in Sessions Case No.47 of 2012, convicting and sentencing him, as under:- - for the offence punishable under Section 302 of the Indian Penal Code (‘IPC’) to suffer imprisonment for life and to pay a fine of Rs.2,000/- in default, to suffer rigorous imprisonment for one year. 2. A few facts as are necessary to decide the aforesaid appeal are set out hereinunder :- The appellant was in a relationship with the deceased and had introduced the deceased to PW1 – Balkrushna Chaudhary, as his wife. It is the prosecution case that 15 days prior to the incident, the appellant and the deceased alongwith two kids (kids from deceased’s first marriage) had come to PW1 – Balkrushna Chaudhary’s house for a job. According to PW1 – Balkrushna, one day prior to the incident, the appellant took a sum of Rs.2,000/- from him and went to attend the market at Ozar alongwith his wife and children; that on the next day when PW1 went to his field at about 6:30 a.m. to start the pump set and went to the shed wher