JUDGMENT

ABHAY S.WAGHWASE, J. - The appellant convict for offence under Sec. 302 and 324 of the Indian Penal Code, is questioning the judgment and order of conviction dtd. 28/8/2015 passed by the learned Additional Sessions Judge, Osmanabad in Sessions Case No. 180 of 2013.

PROSECUTION CASE IN TRIAL COURT

2. As per the case of prosecution, telephonic information was received at Police Station in the early hours of morning of 14/6/2012 that a boy name Suraj was admitted at Primary Health Center, Dhoki in injured condition. On taking note of the same in Station Diary, PW12 Suryakant, Investigating Officer visited Primary Health Center, Dhoki, however, there he learnt that the boy was shifted and referred to Civil Hospital, Osmanabad and so he went there and recorded statement of Suraj.

Consequently, on the strength of the same, prosecution was launched against the accused on the premise that, accused was married to deceased and out of wedlock, they had a son namely Suraj, aged 16 years. Accused had grudge that his deceased wife Sumanbai was not behaving as per his wish. On such count, he used to beat her. On 13/6/2012, the accused, his wife and their minor son worked in the field for t