RAMESH RAMCHANDRA BAVISKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE present appellant is aggrieved by the judgment dated 30-3-1998 delivered in Sessions Case No. 297/1996 by the Additional Sessions Judge, Jalgaon. This appeal is preferred against the said judgment by which he is convicted for the offence punishable under Section 302 of the Indian Penal Code, and sentenced to suffer life imprisonment and fine.

(2.) THE complainant - main prosecution witness Usha is the wife of accused. THEy were married about9 years prior to the alleged incident. THEy had two children, namely, Manisha - aged 8 years and Shankar - aged 3 years. Admittedly since birth of second child, appellant started consuming alcohol and consequently the disputes and bickering between husband and wife started on sundry reasons. It is the claim of the complainant that appellant used to ill-treat her and beat her under the influence of alcohol. THErefore, about4 months prior to the alleged incident, she left him and shifted to Mehunbare, in the house of her mother. Earlier the couple was cohabiting at Erandol. Appellant joined her at Mehunbare after couple of months. Complainant delivered third child i. e. second son about10-15 days prior to the alleged incident. Deceased Ashok was the only brother of complainant. He was residing at Beed at the material time. Mother of complainant is totally blind. As the news regarding delivery of complainant was conveyed to Ashok by complainant's grand father Chavadas, Ashok reached mother to Mehunbare. Ashok also stayed with his sister for three days. Ashok was to return to Beed on Wednesday, when the accused suggested him to stay upto Friday. On Thursday, 15th August, 1996 complainant Usha and mother slept in the inner room of the house, whereas deceased Ashok and appellant slept in the front room. Early in the morning, complainant Usha accompanied her mother for nature's call. She noticed appellant picking up a stone from the neem tree, just outside the house at a distance of 5 feet. Complainant paused for a while to judge what appellant was going to do. As the appellant went inside the house with the stone, complainant followed him and she saw that appellant dealt blows by means of stone on the head of Ashok. Consequently Ashok died on the spot. Appellant ran away on the bicycle, which was hired by him. Complainant in her attempt to obstruct the escape of appellant tried to catch him. However, he jerked her away and consequently she fell down. According to complainant appellant was drunk at that time also. Complainant went to Mehunbare Police Station and lodged a complaint. After due investigation, police filed the charge sheet in the Court of Judicial Magistrate First Class, Chalisgaon. On committal, the case was tried and decided as above by the additional Sessions Judge, Jalgaon.

(3.) SINCE the prosecution case mainly relies upon the evidence of Ushabai, corroborated by evidence of her mother Basantabai, learned Advocate Shri Gangapurwala, who is appointed to conduct the appeal, assailed the same by pointing out improvement and variations in their evidence. According to him, the prosecution has not been able to bring on record any motive for which appellant would kill his brother-in-law and thus urged for at least benefit of doubt for appellant. According to him, there are no just reasons for rejection of deposition of appellant on oath.