MADANAYYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 15th Feb., 2008 of the High Court of Bombay, Nagpur Bench in Crl.A.No.146/2003 whereby it upheld the judgment dated 17th Jan., 2003 passed by the Additional Sessions Judge, Gadchiroli convicting the appellant under Sec. 302 of Indian Penal Code and sentencing him to suffer rigorous imprisonment for life and to pay fine of Rs. 200.00 and in default of payment of fine to undergo further rigorous imprisonment for one month.

(2.) The undisputed facts are that the accused was married to Gatakka (PW.3). He was living in the house of his in laws. Gatakka had one sister Poshakka who was married. Her husband died and thereafter she started living in her parental house and was treated as the wife of the accused. Poshakka delivered two children from her relationship with the accused but both the children died soon after their birth.

(3.) The case of the prosecution is that because the children born from Poshakka did not survive the accused used to beat her regularly. On the night intervening 208.2001 and 24.08.2001, the accused gave fist and kick blows to Poshakka. The accused and Poshakka were sleeping in one room and Gatakka along with her mother and children were sleeping in another room. In the morning Poshakka came out of the room and narrated the entire incident of merciless beating by the accused. She had severe pain in her abdomen. She died the same day i.e. 24.08.2001. In fact the first report regarding her death was lodged by the accused himself in which he stated that his wife had gone to answer the call of nature and after she came back, she was foaming from mouth and died soon thereafter. The police investigated the matter and the accused was charged for having murdered Poshakka who was living as his wife. He has been convicted and sentenced by both the courts and hence this appeal.