VIJAY SAMBHAJI GAIKWAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THROUGH this appeal, the appellant challenges the judgment and order dated 26-12-1995 passed by the Additional Sessions Judge, Solapur in Sessions Case No. 15 of 1995 whereby he has been convicted and sentenced in the manner stated hereinafter: i) Under section 498 I. P. C. to suffer one year R. I. and to pay a fine of Rs. 200/- in default to suffer one months R. I. and ii) Under section 302 I. P. C. to suffer imprisonment for life and to pay a fine of Rs. 200/- in default to suffer one month R. I. The substantive sentences of the appellant were ordered to run concurrently.

(2.) IN short, the prosecution case runs as under: the deceased Laxmibai was the youngest sister of Bhimrao Sable P. W. 11. She was married with the appellant in the year 1987 and thereafter started living with him in house No. 24 situated in Siddharth Housing Society, North Sadar Bazar, Solapur. For about 1? years, the appellant treated her property but, thereafter started ill treating her and pressuring her to bring money, clothes and food grains from Bhimrao Sable. Bhimrao Sable sometimes used to provide the same to Laxmibai. The appellant continued illtreating her right till the time he killed her. Laxmibai used to complain to Bhimrao Sable P. W. 11 about this ill treatment at the hands of the appellant. About three months, prior to the incident, when she visited him, she was having marks of assault on her person and there were no bangles in her hand. When he inquired from her the reason, she told him that under the influence of liquor, the appellant used to beat her and pressurise her to bring money, Grains and clothes from him. At that time, Laxmibai stayed with Bhimrao Sable for 8 to 10 days. Thereafter, the appellant, his brother Sanjay and his parents came and on their assurance that they would treat Laxmibai properly and at the intervention of neighbours, Bhimrao Sable P. W. 11 sent back Laxmibai to the house of the appellant against her wishes. However, the appellant continued beating her and Sugalabai, Bhimraos sister told him about this. On 12-10-1994, at about 10. 30 a. m. Hirabai Kale P. W. 1 and Rasika Sane P. W. 2, whose houses were situated at a distance of 15 feet from the house of the appellant, heard Laxmibai crying "my O My O" on the said cries, they went in front of the house of the appellant. They saw Laxmibai coming out from the house of the appellant followed by the appellant, who had a wooden rod in his hand. She fell down on the tin sheet in front of her house and became unconscious. There was bleeding on her left shoulder. Thereafter, Sanjay Gaikwad P. W. 5, brother of the appellant brought a rickshaw and in the same, carried Laxmibai to Civil Hospital, Solapur.

(3.) THE evidence of Dr. Prakash Ghatole P. W. 9 of Civil Hospital, Solapur shows that on 12-10-1994 at about 11. 10 a. m. while he was working as Casualty Medical Officer, Sanjay Gaikwad P. W. 5 brought Laxmibai to the hospital. He gave the history that she was beaten. The said history was recorded by Dr. Ghatole. He thereafter, examined her and found on her person the following injuries: