RAM VISHWANATH SALUNKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal filed under Section 374(2) of Code of Criminal Procedure is directed against the order of conviction and sentence passed in Sessions Case No. 21 of 2009 by the learned Sessions Judge, Nashik on 10/12/2010. The Appellant-accused came to be tried for the offences punishable under Sections 302, 504 and 506 of IPC as well as Section 135 of the Bombay Police Act. He came to be acquitted for the offences punishable under Sections 504 and 506 of IPC, but has been convicted for the offence punishable under Section 302 of IPC and sentenced to suffer life imprisonment and to pay a fine of Rs. 500/- in default to undergo further SI for 15 days. He also has been convicted for the offence punishable under Section 135 of the Bombay Police Act and sentenced to suffer SI for four months and to pay a fine of Rs. 500/- in default to undergo further SI for 15 days.

(2.) As per the prosecution, the accused is the husband of P.W. 7-Hema, who is the daughter of the deceased Damodar Hage. The deceased was a patient of leprosy and had opted for voluntary retirement from the employment of Nashik Municipal Corporation. Consequently, in his place, P.W. 7-Hema came to be appointed on compassionate ground. The accused and P.W. 7 were married sometimes in 2004 and she co-habited with the accused in the matrimonial home for few months and thereafter on account of the matrimonial disputes, she started residing with her father at Walmikinagar along with P.W. 2-Manorama Pande, who is her first cousin from paternal side (daughter of father's sister). On the date of the incident i.e. on 12/10/2008, the accused went to the house of P.W. 6-Smt. Sunanda Ingle located in front of the house of the deceased. He asked P.W. 6 to go to the house of his wife and call her, but his wife did not come and he got enraged. He proceeded towards the house of the deceased to take his wife to the matrimonial home. He was not allowed by P.W. 2-Manorama, but he pushed her aside and entered in the house. To threaten P.W. 2-Manorama, accused took out a knife (Gupti) and after entering into the house, he stabbed his father-in-law-Damodar Hage. Damodar collapsed and was immediately taken to the civil hospital and while under treatment he died at about 6.15 p.m. After Damodar was admitted in the civil hospital, the statement of P.W. 6 was recorded at the Panchawati Police Station and FIR at Exh. 31 came to be registered for the offences punishable under Sections 326, 323, 504 and 506 of IPC and Section 135 of the Bombay Police Act. On the demise of Damodar, the Crime Report came to be amended for the offence punishable under Section 302 of IPC. The accused came to be arrested on 14/10/2008 vide arrest panchanama at Exh. 49. In the meanwhile, the dead body of Damodar was sent for post mortem which was conducted by P.W. 10 -Dr. Hemant Sononis. Inquest panchanama at Exh. 16 was drawn by P.W. 9 PSI-Subhashchandra Deshmukh, who had subsequently undertaken the investigation. Spot panchanama was drawn at Exh. 23 and the sketch of the spot of the incident was also prepared. The weapon used-Gupti (Article 1) and its wooden case (Article 7) were recovered from the spot. P.W. 10 signed the post mortem notes at Exh. 52. On 13/10/2008 police constable Shri Chaudhari produced the clothes of the deceased which were seized under panchanama at Exh. 25 and these clothes were a white coloured baniyan and maroon coloured underpant (Article 2 and 3 respectively). On 16/10/2008, the clothes of the accused, on the disclosure statement made by him, were recovered i.e. Article 4 and 5-Mehendi coloured pant and pista coloured lined shirt. All the seized articles were sent to C.A. The C.A. reports were received at Exhs. 47 and 48. In the meanwhile, the statements of P.W. 2-Manorama and P.W. 7-Hema came to be recorded under Section 164 of Code of Criminal Procedure before the Special Judicial Magistrate on 25/10/2008. On completion of investigation, the charge-sheet was filed and the case being triable exclusively by the Sessions Court, it was committed. Charge at Exh. 8 was framed against the accused on 21/8/2009.

(3.) The prosecution examined in all 10 witnesses and P.W. 1-Sanjay Yeole, P.W. 3-Madhukar Jagtap, P.W. 4-Ramesh Garad and P.W. 5-Pravin Bairagi were the panch witnesses and P.W. 3-Madhukar Jagtap had turned hostile. The prosecution claimed that P.W. 2-Manorama Pande, P.W. 6-Sunanda Ingle and P.W. 7-Hema Salunke were the eye witnesses to the incident. P.W. 8-Ashok Nikam was attached to the Panchawati Police Station as Police Head Constable. He had received intimation from Police Head Constable Chavan regarding the incident and, therefore, MLC No. 1199 of 2008 was recorded by him (Exh. 34). He went to the civil hospital, where Damodar was admitted and in his presence the doctor had informed him that Damodar was not in a fit condition to record the statement. On the basis of the complaint given by P.W. 7, he recorded C.R. No. 490 of 2008 for the offences punishable under Sections 326, 323, 504, 506 of IPC and Section 135 of the Bombay Police Act.