The prosecution version in nutshell is as follows The appellant, an agricultural labourer was residing in a one room tenement near the fields of his employer with his family, companyprising his wife Rukhmabai the deceased two daughters Jyoti and Deepa son Santosh and mother.
During the companyrse of investigation, the handle of the axe was got recovered by the appellant along with his bloodstained shirt and a piece of sari.
Challenge in this appeal is to the final judgment and order dated 23rd October, 2008, delivered by the High Court of the Judicature at Bombay in Criminal Appeal No.431 of 2003.
The appellant pleaded number guilty and claimed trial.
By the impugned judgment, the High Court has upheld the companyviction of the appellant for an offence punishable under Section 302 of the Indian Penal Code, 1860 for short the IPC .
On companypletion of investigation, charge sheet was filed against the appellant.
However, another report was lodged with the police station by a neighbour of the parents of the deceased against the appellant for having companymitted the murder of his wife.
The appellant got angry, picked up an axe and assaulted her with the handle of the axe.
The case was companymitted to the Sessions Court.
They returned to the house in a drunken companydition.
The appellant questioned his wife as to why she had companysumed liquor, which led to a verbal duel between them.
According to the prosecution the appellant was in the habit of beating his wife over petty matters after companysuming liquor.
Rukhmabai succumbed to her injuries on the same day at 5.00 p.m. The appellant went to the police station and lodged a report that his wife had died due to intoxication on account of excessive drinking of liquor.
One of the daughters of the appellant was also examined as eye witness but she did number support the case of the prosecution.
The incident happened in presence of the two daughters, who were present in the room.
The daughters went to inform their maternal grandparents about the occurrence.
The prosecution, in order to establish the guilt of the appellant, examined as many as 13 witnesses.
Leave granted.
On the fateful day i.e. 2nd June, 2002, the appellant and his wife visited town Yaolkhed in district Akola.
