SHANKAR BANSI AHIRE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant aggrieved by the judgment and order dated 30th March 1996, passed by the Additional Sessions Judge, Dhule in Sessions Case No. 154/95, whereby he has been convicted and sentenced to undergo imprisonment for life for the offence punishable under Section 302 I. P. C. , has preferred the present appeal.

(2.) SHORTLY stated the prosecution story runs as under : The appellant is the husband of the deceased Indubai. At the time of the incident, the couple alongwith their daughter aged one and half years, were living as a tenant in the room of one Nathasing Shikalikar in Rajiv Gandhi Nagar, at Dhule. In another room in the same building another tenant of Nathasing Shikalikar Eknath Kisan Patil (p. w. 5) was also living. The relations between the appellant and the deceased were cordial. Since about2 months prior to the incident, the appellant was not doing any work and used to take food at the house of his brother-in-law Dajmal (p. w. 1) situated in Shani Nagar area at Dhule. Dajmal was the real brother of Indubai. On the night of 11/8/95, the appellant Indubai and their daughter had dinner at the house of Dajmal. Thereafter, till 12.30 a. m. they, alongwith Eknath Kisan Patil (p. w. 5) and his family members, saw a movie on television in the house of one Koli residing in neighbourhood. Thereafter, the appellant, his wife, his daughter, Eknath and his family members went to their respective rooms. Eknath alongwith his wife and children slept in the open place in front of his room and the appellant with his wife and daughter slept inside his room, after closing the door from inside. At about5 a. m. Eknath heard noise of a stone hitting something. At that time the door of appellant's room was closed from inside. He got up within 5 minutes; thereafter, went to urinate; and while he was returning therefrom, saw the appellant going out of his room and the door of his room open. He then lit a beedi and started smoking and saw that Indubai the wife of the appellant was lying near the door of her room and a stone slab (pata) and some blood was on her face and some blood in the room. He noticed all this in the light of a country lamp which was burning in the room of the appellant. He also noticed that the appellant was not in the room and only Indubai and his daughter were there. Thereafter, he went and informed his landlord Nathasing Shikalikar what he had seen. Jagadish Shikalikar P. W. 4 son of Nathasing Shikalikar alongwith other members of the family came in the room of the appellant. They found that the appellant was not there and his wife Indubai alongwith her daughter was lying on the floor. Thereafter, Jagadish (p. w. 4) went and informed the brother of Indubai Dajmal P. W. 1. 2-A. The evidence of Dajmal Sonawane (p. w. 1) shows that at about5 to 5-30 a. m. Jagdishsing Nathasing Shikalikar (p. w. 4) came to his house, woke him and told him that his sister Indubai was lying unconscious in her room and blood was oozing from her nostrils. Dajmal (p. w. 1) immediately went with Jagdishsing Shikalikar to the appellant's room. On reaching there he saw that the country lamp was not burning. He took a torch from a neighbour and saw in its light that one of the two shutters of the door of Indubai's room was closed and one was open. He entered inside the room and found Indubai lying on the floor. He also noticed that the appellant was not present and a big stone was lying on the head of Indubai and her daughter was lying besides her. He immediately ran to inform the police.

(3.) GOING backwards, the autopsy on the corpse of the deceased Indubai was conducted on 12/8/95, between 9.30 to 11 a. m. , by Dr. Avinash Shamrao Ruikar (p. w. 7), who found on it the following ante mortem injuries: 1. C. L. W. on left side of forehead, 4.5x2 cm. into scalp deep. 2.Tear Pinna of left ear 6 cm. long tear. 3.C. L. W. on left post auricular region 3.5 x 1. 2 cm. into skin deep. 4.C. L. W. above left eye brow 3 cm. x 1. 5 cm. into skin deep. 5.Abrasion on left cheek and left temporal region 12 x 8 cm. 6.Abrasion on left elbow back 1. x 3 cm. 7.Abrasion on medial size of right elbow 1 x 0. 8 cm. 8.Abrasion on lateral side of right elbow 1 x 0. 5 cm. 9.Minor abrasion on right forearm back 5 in number. 10.Two abrasions in left submandibular region 4 x 1. 5 and 2) 1 x 1 cm. On internal examination, Dr. Ruikar found crack fracture of left temporal region and left middle cranial fossa. He also found two contusions of the dimensions of 6.3 x 3.7 cm. and 4 cm. x 2 cm. on the left parietal lobe. In the opinion of Dr. Ruikar, the deceased died on account of fracture of skull and intra cranial haemorrhage associated with multiple fractures. In his statement in the trial court he stated that the injuries suffered by the deceased could be caused by multiple blows of stony pata like (article no. 1 ).