RAMKRUSHNA PUSAJI KUSRAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant/original accused has preferred this appeal being aggrieved by judgment and order dated 04.05.2006 passed by learned Additional Sessions Judge, Nagpur in Sessions Trial No.389 of 2003. By the said judgment and order the learned Sessions Judge convicted the appellant for the offence punishable under Sections 302, 436 and 429 of the Indian Penal code. For the offence punishable under Section 302 of the Indian Penal Code the appellant was sentenced to suffer rigorous imprisonment for life and fine of Rs.Five Thousand in default to suffer rigorous imprisonment for three months. For the offences punishable under Sections 436 and 429 of the Indian Penal Code the appellant was sentenced to suffer rigorous imprisonment for five years on each count and fine of Rs.Two Thousand on each count, in default to suffer rigorous imprisonment for one month on each count. The learned Sessions Judge has directed that all the substantive sentences of imprisonment shall run concurrently.

(2.) The prosecution case briefly stated is as under : Complainant P.W. 1 Bhanudas resided at Bazargaon. He had a cattle shed near Maroti Temple, Chakdoha. Appellant Ramkrushna resided along with his wife Indirabai in a hut near the temple. On 07.06.2003 at about 7.00 p.m. the complainant was milking his cows in the cattle shed. At that time he heard crying sound of the wife of the accused. When he looked in that direction he saw that the accused was beating his wife with a stick and his wife was shouting. The accused continued to beat his wife for about 1 to 1 hour. Thereafter the wife of the accused came running towards the temple but the accused caught her and took her back to the house and again he started beating her with stick. After some time wife of the accused stopped shouting. Then the accused brought dead body of his wife and kept it in the temple. He also set fire to the cattle shed of the complainant wherein some goats and three calves were burnt. This was witnessed by P.W. 3 Deorao and P.W. 6 Indraman.

(3.) Bhanudas was informed that his cattle shed was set on fire. Hence, he went to Chakdoh. He saw that his cattle shed was burnt and some goats and three calves were burnt. He then went to the temple where there was crowd. Dead body of the wife of the accused was lying in the temple, there were weal marks on the dead body. Bhanudas then went to Police Station and lodged First Information Report. Thereafter investigation commenced. The dead body of Indirabai was sent for post mortem. P.W. 11 Dr. Shrigiriwar performed post mortem. He found following injuries on the body of Indirabai :