DADARAP DAGDU NALKOL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant aggrieved by the judgment and order dated 8-2-1996 passed by 1st Additional Sessions Judge, Beed, in Sessions Case No. 165 of 1995, whereby he has been convicted and sentenced to undergo imprisonment for life for the offence under Section 302 of the Indian Penal Code has preferred the present appeal.

(2.) SHORTLY stated, the prosecution runs as under : The appellant is the husband of the deceased Chandrabhagabai. At the time of the incident, the appellant alongwith the deceased, his daughter Mira Nalkol, P. W. 4, his son Santosh Nalkol, P. W. 8 and other family members was living in Rui Nalkol, taluka Ashti, district Beed. The appellant was a alcoholic and on account of his addiction for liquor had sold some agricultural lands. One day before the incident, appellant asked the deceased that either he should be given some money for buying liquor or he should be permitted to sell some field. The deceased had flatly refused permission to sell the field. On the night of 25-1-1995, the appellant asked his son Santosh Nalkol to sleep in the village house. The appellant, deceased, Mira Nalkol and some others went to sleep in a tin shed inside the house. Later in the night, appellant came to Mira and told her that she should sleep near him. Sometime thereafter, Mira heard sound and woke up. She saw, the appellant holding a slab of a stone and blood oozing out from the head of her mother. The other family members who were sleeping there also woke up. All of them tried to catch hold of the appellant. The appellant threatened them to move otherwise he would throw the stone slab on them. Thereafter he took the stone slab on which there was blood inside the main room and washed it. After placing it by side of the wall and locking the tin shed wherein he, deceased and others were sleeping, he went away to the house of the police patil, Nanabhau Pawar, P. W. 1. On way he met his son Santosh Nalkol who was coming to the house. Santosh found that there were blood stains on the pyajama of the appellant. Appellant told him that he had killed the deceased and he should go and see her.

(3.) GOING backwards the autopsy on the corpse of the deceased Chandrabhagabai was conducted on 25-1-1995, at 2. 15 p. m. , by Dr. Sunil Rathod, P. W. 5, who found on it the following ante-mortem injuries : (1) C. L. W. 2 x 1 cm. x bone deep over angle of mandible left side with fracture of mandible with swelling of cheek about 6 x 3 cm. (2) C. L. W. 3 x 1 cm. x bone deep over left side of face. (3) C. L. W. over left side of forehead 4 x 2 Cm. x bone deep just over left eye. (4) Bleeding through left ear. (5) C. L. W. over left ear pinna 2 x 1 x 1 Cm. (6) C. L. W. over left lobule 2 x 1 x 1 Cm. (7) Compressed fracture over left temporal region of head 4 x 2 x 2 Cm. Brain matter conjested. Haematoma over dura matter. Laceration of brain coverage. In the opinion of Mr. Sunil Rathod the deceased died on account of haemoragic shock on account of fracture of skull due to lacertaion of brain and the said injury was possible by the stone slab (Article 11) shown to him.