VYANKATESH MARUTI ARANDEKARNAIK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant has preferred this appeal against the Judgment and Order passed by the learned additional Sessions Judge, Sawantwadi, dated 12th December, 1995, convicting him for the commission of the offence punishable under sections 302 and 323 of the Indian Penal code and sentencing him to suffer imprisonment for life and to pay a fine of Rs. 500/-, in default to suffer R. I. for three months for the offence under section 302 Indian Penal code but awarding him no sentence for that under section 323 indian Penal Code.

(2.) THE facts involved in the case, in short, are thus :- Witness Sudha Arondekar used to reside at Village kavathi, Taluka Kudal, District Sindhudurg, with her three sons, including the complainant Sambhaji and appellant vyankatesh along with other family members. The appellant was married to Vandana about one year prior to the incident. The appellant was of eccentric nature. For sometime after the marriage everything was normal but thereafter the appellant started beating his wife Vandana finding some small excuses. Due to his nature the appellant had separated from his other family members about one week prior to the incident. On the date of the incident, i. e. 26th June 1994, the appellant had gone for fishing and returned at about 11. 30 a. m. Again he left the house and came back at about 2. 30 p. m. He demanded a nut-cutter for his work which was given to him by Vandana. While he saw Vandana there, his temper flared up and he started beating Vandana. He assaulted Vandana with hoe and also abused and threatened her. Due to the assault, Vandana was injured extensively on head, back and other parts of the body. When the mother and other relatives tried to intervene in the assault, the appellant threatened them with assault. After the assault, the appellant threw the weapon there and went away. Appellant s brother Sambhaji had also arrived on the scene after he heard commotion and noticed that Vandana had suffered bleeding injuries. She was removed to the ota (platform) of the house. Dr. Khobrarekar was summoned, who gave the first aid and asked them to take Vandana to Kudal. Complainant Sambhaji went to Kudal Police Station and lodged the complaint against the appellant. In the meantime, vandana was taken to Panjim for better medical treatment, but she succumbed to her injuries and, therefore, offence of murder was registered against the appellant.

(3.) THE investigation commenced in due course. Statements of eye-witnesses and other witnesses were recorded. Spot panchanama was prepared and clothes and other articles, which were seized in the course of investigation, were sent to the Chemical Analyser for analysis. The post-mortem report was collected.