ASHOK RAJARAM SUTAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant was tried in the Court of Additional Sessions Judge, Satara in Sessions Case No. 125 of 2004 for committing murder of his mother Shakuntala on 23/7/2004 at village Nhavi Budruk, Taluka Raigarh, District Satara. By the impugned judgment and order he has been convicted for the offence punishable under Section 302 of the Indian Penal Code ("IPC") and sentenced to suffer RI for life and to pay a fine of Rs.5,000/-, in default of payment of fine to suffer further RI for six months. Being aggrieved by the said judgment and order, the appellant has preferred this appeal.

(2.) It is necessary to begin with the facts of the case. PW 3 Rajaram Ramchandra Sutar is the father of the appellant. Deceased Shakuntala was his mother. PW 3 Rajaram Sutar was residing at village Nhavi Budruk, Taluka Koregaon, District Satara along with his wife deceased Shakuntala and the appellant. The wife of the appellant had left him due to harassment meted out to her by him. Fifteen days prior to 3/7/04 PW 3 Rajaram Sutar had gone to Wangi, Taluka Khanapur, because the appellant was subjecting him to harassment. On 23/7/04 through one Shrikrishna Vasudev Kulkarni, PW 3 Rajaram came to know that the appellant was beating Shakuntala, i.e. his wife (the mother of the appellant) in the house. Thereafter through Nurmahammad Mulani he came to know that the appellant had killed Shakuntala. PW 1 Santosh Pandurang Sutar had informed him that the appellant had dealt stick blows on the head of Shakuntala resulting in her death and that the appellant was confined in Shivaji Hall. PW 3 went to his house and found Shakuntala lying dead in pool of blood with head injury. PW 3 Rajaram Sutar with the hlep of PW 2 Sambhaji Pandharinath Salunkhe went to Rahimatpur Police Station and lodged complaint which is at Exh.-16. On the basis of the complaint investigation was started. After completion of the investigation the appellant came to be charged as aforesaid.

(3.) Pw 5 Dr. Pandhare had done postmortem on the deceased. He has produced postmortem notes which are at Exh.-30. He has stated that during postmortem he found fracture of right humerus, fracture of tibia and fibula of right leg, fracture of the 5th to the 10th rib of right side, C.L.W on right ear 2" x 1/2" x 1/2" below the right ear, right pina torn and lacerated 2 cm. x 1/2 cm., C.L.W. on the chin right side 1 1/2 cm. X 1/2 C.M. X 1/2 C.M., lacerated injury to the right lung 3 cm. X 2 cm. X 2 C.M. According to Dr. Pandhare the cause of death was "Coma due to brain injury and haematoma and severe haemorrhage due to severe injuries to lungs, humerous, thigh and ribs". It is, therefore, clear that Shakuntala's death was homicidal.