JUDGMENT :

ABHAY S. WAGHWASE, J.

1. By invoking Section 374 of the Code of Criminal Procedure [Cr.P.C.] appellant Nijam Chindhu Tadvi is hereby questioning the correctness, legality and sustainability of the judgment and order of conviction dated 13.06.2016 passed by learned Sessions Judge, Jalgaon in Sessions Case No. 37 of 2015.

BRIEF CASE OF PROSECUTION IN TRIAL COURT IS AS UNDER:

2. Deceased Chayabai resided with her husband [informant] and family at Fattepur. Her one son resided at Jamner for education, whereas remaining son and daughter resided at Fattepur itself. Both children used to go to school.

3. On 10.12.2014, informant’s daughter went ahead to attend school and thereafter, informant left for work keeping behind his son Rohit and wife Chayabai. It is the case of prosecution that between 7.00 a.m. to 7.30 a.m. appellant-convict entered the house of informant. He abused informant’s wife Chayabai and after giving her fist blows, he used a crowbar kept behind cupboard, for hitting it on her head and thereafter whisked out knife from his pocket and stabbed deceased Chayabai.