HANMANT SHANKAR SALUNKHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the judgment and order passed by 5th Additional Sessions Judge. Satara, dated 29/11/2004. The appellant/accused is convicted for the offence punishable under section 302 of the Indian Penal Code and sentenced to suffer life imprisonment and fine. The appellant was residing with his family at village Somardi, Dist.Satara. On 5/11/2003 in the evening the appellant had returned home in drunken condition. He was habitual drunkard. His wife Kalpana (P. W.7) quarreled with him as he had consumed liquor and was demanding food. The appellant and Kalpana had three children, Shailaja, the deceased, was the eldest daughter. Shailaja took side of her mother and shunned her father for drinking. Such incident was a routine in the family. The accused because of his addiction was not working regularly however, Kalpana used to earn livelihood by doing labour-work. They had two sons who were studying and they also used to take side of their mother. The accused, therefore, used to threaten them that he would kill one of the family members as they all fight with him. On the previous night, there were not enchanges of words between the accused and his family members and at that time Shailaja told her mother that on the next morning she would go to collect wood for fuel from a stream in the forest which is known as 'Shivecha Odha'. The appellant slept in the courtyard.

(2.) In the morning i.e.on 6/11/ 2003 he went to a liquor shop and consumed liquor. On 6/11/2003 at about 11 a.m. Shailaja left the house and went to stream-'Shivecha Odha' to collect wood for fuel.On that day Shailaja did not return home till .5 p.m..Her mother Kalpana made enquiries and went to search her in the forest. However, Shailaja was not found. In the morning she and her son again went to forest and they found the dead body of Shailaja at Shivecha Odha.Shailaja had sustained head injuries caused by stones. Blood stained stones were lying there. The incident was reported to the police at Kudal outpost. The police arrived at the spot. The body was sent for the postmortem to the hospital. Dr.Suhas (P. W.6) carried out postmortem and opined that there was fracture of occipital and parietal region of the head and the cause of death was neurogenic shock due to external and internal haemorrhage with severe brain injury due to head injury. Kalpana lodged the F.I.R.. The police registered offence under section 302 and 201 of the Indian Penal Code against the unknown person at C.R.No. 33/2003.They drew inquest panchanama,spot panchanama and recorded statements of the witnesses. However, the appellant/ accused, father of the deceased, was not found in the house and he did not return home nearly for 12 days. Kalpana suspected that the appellant must have killed Shailaja and, therefore, she gave supplementary statement to that effect. The accused was arrested while committing theft at village Bhuinj, Dist.Satara on 18/11/2003 and after his arrest in the theft case it was transpired that he has committed murder of Shailaja by assaulting her with stone in the said stream 'Shivecha Odha'. At the instance of the accused the police drew memorandum under section 27 of the Evidence Act and after completion of investigation filed chargesheet against the accused.

(3.) After committal of the case to the Sessions Court, the learned Sessions Judge framed charge against the accused for the offence punishable under sections 302 and 201 of the Indian Penal Code. After completion of trial the accused was acquitted of the offence punishable u/s 201 of the Indian Penal Code, however, he was convicted for offence punishable u/s 302 of the Indian Penal Code. Hence the appeal.