The court determined that the Appellant's actions lacked intent to kill, leading to a conviction under Section 304 Part-II instead of Section 302.

JUDGMENT :

[NEERAJ P. DHOTE, J.]

1. By the present Appeal preferred under Section 374[2] of the Criminal Procedure Code, 1973 [hereinafter referred to as ‘Cr.P.C.’], the Appellant has challenged his conviction and sentence recorded by the learned Additional Sessions Judge, Beed, in Sessions Case No.67/2014 vide Judgment and Order dated 06/07/2017, which reads as under :

"[I] Accused Sominath Dagdu Shende is convicted for the offence punishable under section 302 of the Indian Penal Code and is sentenced to suffer Imprisonment for life and to pay a fine of Rs.2,000/- (Rs. Two thousand), in default, to suffer Rigorous Imprisonment for three months, vide Section 235 (2) of the Code of Criminal Procedure, 1973.

[II] Accused Sominath Dagdu Shende is convicted for the offence punishable under section 309 of the Indian Penal Code. However, no separate sentence is passed against the accused.

[III] …. …. …. …. …. ….

[IV] …. …. …. …. …. ….

[V] …. …. …. …. …. …."

2. The Prosecution’s case, as revealed from the Police Report, is as under : -

[I] The Appellant and his wife – Jaishree [hereinafter referred to as ‘the Deceased] were the agricultural labourers. The witness - Atul Vasant Raut had engaged the services of Appellant and Deceased for cultivating his land on 11/01/2014. In between 11.00 and 11.30 a.m., he heard cries from his field and therefore, he went in that direction. He noticed the Appellant beating his wife with stone. The witness raised the alarm. The other witnesses reached the spot and on seeing them, the Appellant ran and tried to hang himself by a Neem tree. The witnesses rescued him. The Deceased and Appellant were taken to the Hospital at Mirajgaon where the Deceased was declared dead by the Doctor. For the injury on the Appellant, he was referred to the Hospital at Ahmednagar. The incident was reported to the parents of Deceased. The maternal relatives of the Deceased came to Mirajgaon. The brother of Deceased lodged the report with the Ashti Police Station, District Beed that, the Appellant was suspecting the character of Deceased and therefore, he caused her death. On his report, the F.I.R. bearing Crime No.08/2014 came to be registered against the Appellant for the offence punishable under Sections 302 and 309 of the Indian Penal Code,1860 [hereinafter referred to as ‘I.P.C.’].

[II] The Police performed the Inquest and referred the body for Postmortem. The Spot Panchnama was done. The clothes of Deceased came to be seized. The statements of witnesses were recorded. The Appellant came to be arrested. The clothes of Appellant came to be seized. The articles seized during the course of investigation were referred to the Chemical Analyzer. The Postmortem Report and the other documents came to be collected and on completion of investigation, the Appellant came to be Charge-sheeted.

[III] On committal, the learned Trial Court framed the Charge against the Appellant for the offence punishable under Sections 302 and 309 of I.P.C. The Appellant denied the Charge and claimed to be tried. To prove the Charge, Prosecution examined in all nine [9] witnesses and brought on record the relevant documents. After the Prosecution closed their evidence, the statement of Appellant came to be recorded by the learned Trial Court under Section 313[1][b] of Cr.P.C. The Appellant stated that, he was falsely implicated. On hearing both the sides and appreciating the evidence on record, the learned Trial Court passed the impugned Judgment and Order.

3. It is submitted by the learned Advocate for the Appellant that, the marriage between the Appellant and Deceased was seventeen [17] years old. Though the brother of Deceased deposed of harassment to the Deceased by the Appellant and lodging of previous report to the Police in that regard, no such report is brought on record by the Prosecution. The medical evidence shows that, the injury in the nature of fracture over occipital region was possible due to fall. There was no fracture on the frontal part of he