MANOHAR KISAN MARASKOLHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Mr. Daga and Ms. Kalsi, learned Counsel for the appellant and Mr. Thakre, learned Additional Public Prosecutor the respondent/state.

(2.) THE appellant is challenging his conviction and sentence in Sessions Trial No. 80/1990 by the 10th Additional Sessions Judge, Nagpur, who found the appellant guilty of having committed an offence under section 302 of the Indian Penal Code and sentenced him to suffer imprisonment for life, by his judgment and order dated 25-9-1992.

(3.) THE appellant was married to deceased Durgabai and they were residing at village Sawangi. On 28-9-1989 at about 1. 30 p. m. , the accused along with his wife Durgabai returned from weekly bazar. At that time, the accused was holding a stick in his hand and had assaulted his wife on her waist as she did not give him money for weekly bazar. On being assaulted. Durgabai ran towards her house followed by the accused. Inside the house, the accused forcibly administered endrin an orgono phosphorus used as insecticide. Immediately thereafter Durgabai came out of the house and started shouting that her husband administered her endrin and she should be saved. When the accused followed her, she ran towards the house of Police Patil. The accused chased her with a stick in his hand. This was witnessed by Bhayya Ganpatrao Nagmote (P. W. 7 ). It appears that the victim sought shelter at the house of Bayanabai w/o Sheshrao Nagmote (P. W. 6) and told her that she was administered endrin by her husband and that she should be saved. Victim Durgabai was followed by her husband who questioned Bayanabai (P. W. 6) about his wife. The accused was drunk at that time and abused the witness as she has given shelter to his wife. As deceased Durgabai was sitting in her Chhapri, she went to her husbands elder brother who was just residing nearby i. e. Bhayyaji Nagmote, for help, as she was alone in the house. When Bhayya arrived, they saw that the accused was beating Durgabai with kicks and fist blows by sitting on her chest. On this, Bhayyaji (P. W. 7) requested that there was froth coming out from the mouth of the deceased, and that he should not beat her. On that, the accused told him that he has no reason to interfere. Therefore, Bhayya caught hold hair of the accused and removed him. On this, the accused pelted stone on him and ran away. The incident was witnessed by so many persons in the village. Thereafter, Bhayyaji rushed Durgabai to her house and found that her condition was serious. He tried to take her to hospital, but as there was no help, he went to his house and, thereafter came to know that Durgabai has died.