SHESHRAO CHINDHUGIR GIRI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal is preferred by the appellant/accused against the judgement of the learned Additional Sessions Judge, Nagpur dated 28-11-1987 in Sessions Case No. 146 of 87 convicting him of the offence punishable under section 302 of the Indian Penal Code (for short, the I. P. C.) and sentencing him to imprisonment for life.

(2.) BRIEFLY the facts are that the deceased in the instant case viz. Indira Sheshrao Giri was working as a Staff Nurse in the Government Medical College Hospital, Nagpur. Although she has stated in her dying declaration that she was the wife of the accused Sheshrao Giri, the evidence on record creates a doubt whether she was married to him or not. It appears from the prosecution case that she was earlier married to one Shionath Choudhari from whom she had one minor son by name Vishal (since deceased) and one minor daughter by name Vaishali (P. W. 1 ). The said Shionath Choudhari, however, had left her and his whereabouts were not known. The evidence on record, however, also creates a doubt whether the deceased Indira was married to the said Shionath Choudhari or not.

(3.) IT is after the said Choudhari left the deceased Indira that the present accused came in her life and against the wishes of the members of her family, the deceased Indira started living with him at Vivekanand Nagar, Nagpur along with her children from the said Shionath Choudhari. It is the case of the prosecution that the accused had killed Indiras minor son Vishal who was then 2? years old while she was on night duty in the Government Medical College Hospital and that the accused was sentenced to undergo rigorous imprisonment for two years for the said offence. Thereafter, the deceased Indira along with her daughter started living with her brother and mother in the house of one Gulabrao Jangal in Indira Nagar, Nagpur. After completing the sentence when the accused was released, he again came to the house of the deceased Indira. He saw to it that the brother and the mother of the deceased Indira were separate from her. Further, according to the prosecution case. The accused used to often pick-up quarrel with the deceased Indira and used to assault her.