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2023 Supreme(Bom) 1599

VIBHA KANKANWADI, ABHAY S. WAGHWASE
Kailash S/o. Vithal Waghmare – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Gajanan G. Kadam, Advocate
For the Respondent: Mr. A. M. Phule

JUDGMENT :

ABHAY S. WAGHWASE, J.

1. Vide above appeal, convict Kailas Waghmare is assailing the judgment and order of conviction dated 26.10.2016 passed by the learned Additional Sessions Judge, Bhokar, District Nanded in Sessions Case No.38 of 2014, holding appellant guilty for offence punishable under section 302 of Indian Penal Code (IPC) and thereby sentencing him to suffer imprisonment for life and to pay fine.

FACTUAL MATRIX

2. Convict - appellant returned home and demanded food from deceased wife. That time, PW8 Roshan, their child was present in the house. Deceased suggested appellant convict to eat food prepared in the morning, but assured to prepare fresh food after sometime. Appellant got enraged, went to another room, only to return with the axe. Initially, he gave blow with the handle of the axe on her back and thereafter gave blow on the back side of ear of his wife. She collapsed. Appellant took his son PW8 Roshan and attended police station and gave information. The Investigating Officer got the information verified by sending PW4 Bhimrao to the spot. He returned and gave FIR on behalf of State. On the basis of which, crime was registered and subsequently investigated a

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