M.S.SONAK, M.S.JAWALKAR
Amita Bhomkar, w/o late Tatu @ Nilesh Bhomkar – Appellant
Versus
State, as represented by the Officer in Charge, Ponda Police Station – Respondent
JUDGMENT :
M.S. Jawalkar, J.
Heard Mr. Pinto, the learned Counsel for the appellant and Mr. Rivankar, the learned Public Prosecutor for the State.
2. The prosecution story in brief is that on 27.10.2015, the accused allegedly assaulted her husband Mr. Tatu alias Nilesh Bhomkar with a wooden danda (wooden log) at around 13:30 hours on the first floor of an under construction building at Marcel market, thereby causing injuries on his head and other parts of the body and he succumbed to injuries. Thus, the accused committed murder of Tatu Bhomkar.
3. Charge sheet was filed and the matter was committed to the Sessions Court. Charge was framed on 21.03.2016. As accused pleaded not guilty, trial commenced. The prosecution in all examined 22 witnesses in support of its case. Statement of the accused came to be recorded under Section 313 of Cr.P.C., wherein the accused denied the incriminating evidence. It is the case of the accused that she was not present at the spot and her deceased husband was alcoholic.
4. The appellant was convicted under Section 302 of IPC with imprisonment for life and to pay fine of Rs.1,000/- and in default to undergo rigorous imprisonment for a period of two years vi
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