HARIBHAU GANPATI BHALERAO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THROUGH this Appeal, the Appellant challenges the judgment and order dated 17th August 1996 passed by the Additional Sessions Judge, Parbhani, in Sessions Case No. 56/95, whereby he has been convicted and sentenced in the manner stated hereinafter : - (i) under section 302 of the Indian Penal Code to suffer rigorous imprisonment for life and to pay a fine of Rs. 200/-, in default to suffer R. I. for 20 days; and (ii) under section 307 of the Indian Penal Code to suffer 7 years' R. I. and to pay a fine of Rs. 200/-, in default to suffer 20 days' R. I. The substantive sentences of the Appellant were ordered to run concurrently.

(2.) SHORTLY stated, the prosecution case runs as under. The deceased Kamal alias Kamalabai was formerly married to the Appellant. Since the Appellant used to ill-treat her, she left him and started living separately with her children. She developed illicit relations with the informant, Syed Habib, P. W. 2, and at the time of the incident, was his mistress. On 23-12-1994, between 8 p. m. and 830 p. m. , the informant Syed Habib, along with Kamal @ Kamalabai, was proceeding to Bhim Nagar to call his mother in law, as his wife was ill. When he and Kamal reached near the Railway crossing of Bhim Nagar, the Appellant met them and told them that his mother had called them, whereupon they went to the Appellant's house. At his house, the Appellant started abusing the informant. He then took out a knife from his pant and inflicted blows on his (informant's) waist and chest. He thereafter inflicted a knife blow on the informant's hand. While the Appellant was assaulting the informant, Kamal intervened and asked him as to why he was assaulting the informant. Thereupon, the Appellant inflicted a knife blow on the left side of chest of Kamal. Apart from the informant, this incident was seen by Sapna Bhalerao, the daughter of Appellant and Kamal. When she intervened, the Appellant pushed her. After being injured at the hands of the Appellant, the informant ran away and proceeded to the shop of Latif Tailor, where his relations, Syed Murtaza and Shaikh Sikandar, were sitting. From there, he was taken in a rickshaw to the Police Station, Kotwali, from where he was sent to Civil Hospital, Parbhani.

(3.) IT is pertinent to mention that Sapna Bhalerao, P. W. 5, the daughter of the Appellant and Kamal, was also sent for medical examination to Civil Hospital, Parbhani, where Dr. Bhagwan Dhutmal, P. W. 1, medically examined her and noticed a multiple abrasion on left forearm over ulnar border varying from 1/4 cm. x 1/4 cm. x 1/2 cm. x 1/2 cm. and an abrasion over middle side of knee joint 1/2 cm. x 1/2 cm. In the opinion of Dr. Dhutmal, both the injuries were simple in nature and attributable to a hard and blunt object. As is manifest from the injury report of Sapna, the age of her injuries was within 72 hours.