Case Note & Summary
The appellant, Appa s/o Gajabapu Koradkar, was convicted by the Sessions Court at Ahmednagar under Section 302 of the Indian Penal Code, 1860, for the murder of his wife, Jaya. The marriage took place on 29.03.2003, and a son was born. The prosecution alleged that the accused subjected Jaya to continuous physical and mental cruelty, demanding money for house construction. Approximately one year before the incident, after a quarrel, the accused beat Jaya and left her at her parents' house. Family members and relatives attempted to reconcile and even lodged a complaint with the police, leading to a temporary settlement. On 22.05.2010, the accused and Jaya visited her parents' home, and the next day they went to the house of Bapu Tulshiram Thombare for a meal. On 24.05.2010, they left for Shrigonda by bus, accompanied by witnesses Pandurang Guldagad and Bhau Thombare, who saw them board. On 25.05.2010, Jaya's brother, Laxman Walhekar, read a newspaper report that the accused had been arrested for creating a disturbance at the Tahsil office. He went to the police station and found the accused in custody but Jaya was missing. Upon inquiry, the accused confessed that after getting off the bus at Khakibaba stop, he and Jaya visited Komjai Devi temple and then had a dispute. He throttled her with her saree and assaulted her with a stone, causing her death. A crime was registered under Section 302 IPC. Investigation revealed that the accused, already in custody for another offence, led the police to the body. The inquest panchanama and spot panchanama were recorded, and a stone, blood-stained mud, and other articles were seized. Post-mortem by Dr. Sandip Pund revealed a crush injury to the face and head, multiple abrasions, and a horizontal contusion on the neck indicating strangulation. The thyroid cartilage was fractured. The doctor opined that death was due to strangulation by a saree or rope, and the head injuries were post-mortem. The viscera report excluded poisoning. The prosecution examined nine witnesses including the brother, father, cousin, panchas, medical officer, and investigating officer. The trial court convicted the accused under Sections 302, 498-A, and 201 IPC and sentenced him to life imprisonment and a fine. The appeal challenges this conviction. The provided judgment text does not include the final arguments, legal analysis, or the operative decision of the High Court.
Issue of Consideration
CRIMINAL APPEAL NO.101 OF 2012
