SURESH CHHOTELAL MADHUMATKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant was charged under section302 and Section324 of IPC for having committed the murder of Mrs. Meerabai and for having assaulted Mrs. Itwaribai. THE Additional Sessions Judge, Nagpur, convicted the accused Suresh under section302 of IPC, and he was sentenced to suffer rigorous imprisonment for life. He was however acquitted for the offence punishable under section324 of the IPC. THE appellant is challenging the said judgment and order in this appeal. FACTs

(2.) THE prosecution case is that on28/5/1995, the Police Sub-Inspector, Kamptee received a telephonic message from the Rural Hospital, Kamptee that Mrs. Meerabai, wife of the appellant herein and Mrs. Itwariabai, mother of the appellant were brought in the Hospital for medical aid. Since Mrs. Meerabai had sustained serious injuries and her condition had become serious. She was referred to Mayo Hospital, Nagpur and P. S. I. , recorded the statement of Mrs. Rewabai and registered the offence vide Crime No. 190/95 against the appellant/accused. In the said statement Mrs. Rewabai had mentioned that accused had assaulted her mother Mrs. Itwaribai and Mrs. Meerabai with a knife. By the time Mrs. Meerabai was brought to Mayo Hospital, she had died on the way while being brought to the Hospital. P. S. I. , Kamptee, therefore, registered an offence vide Crime no.190/95 under Section302 and section324 of IPC against the accused and started investigation.

(3.) THE prosecution also examined P.W.3 Chainabai, P.W.4 Vimlabai and P.W.5 Jumiyabai, who were declared hostile by the prosecution. THE trial Court convicted the accused under section302 of IPC and sentenced him to suffer rigorous imprisonment for life. THE appellant has challenged the said judgment and order passed by the Sessions Court.