MANIK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE challenge in this appeal is to the conviction and sentence inflicted upon the appellant (original accused) by judgment and order dated 20-7-2009 rendered by learned Additional Sessions Judge - 2, Beed in Sessions Case No. 8/2009 convicting the appellant for the offence punishable under section 307 of Indian Penal Code and sentencing him to suffer imprisonment for three years and to pay fine of Rs. 500/- with default condition for non payment of fine to suffer simple imprisonment for one month.

(2.) FACTUAL matrix of the prosecution case which can be summarized, are as under : It is the case of the prosecution that injured/victim namely Daivshala i.e. PW 1 herein married with the accused namely Manik More about 12 years back and she was residing with the accused in her matrimonial home along with her minor daughter namely Pratiksha aged about 14 years and two sons namely Pratik and Pranit. It is alleged that accused herein was a lazy person and was not doing any work and used to indulge in Matka and 52 cards game. Moreover, since last two years he was infected with HIV positive and therefore his wife Daivshala used to keep distance from him in their sexual life.

(3.) THE prosecution case further reveals that PW 5 PSI Sikandarkhan visited the spot of incident i.e. residential house of the accused and complainant on the same day i.e. on 16-4-2008 along with complainant and panch, and blood was noticed on the tiles besides the bed, as well as sickle was found having blood stains thereon. Accordingly spot panchnama (Exh.28) was prepared in presence of panch PW 10 Chandrabhan Kamble and Godhadi (article No. 1) and blood stained sickle (article No. 2) were seized under spot panchnama (Exh 28). Moreover, the blood stained clothes of the victim Daivshala comprising red colour saree (article No. 3) and black colour blouse (article No. 4) were also seized under panchnama (Exh 29). Moreover, photographs of the said site were taken by the photographer which are at articles A to E respectively. Moreover, PW 5 recorded the statement of PW 3 Rekha Gaikwad i.e neighborer.