NILKANTH DOMA MADAVI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is an appeal by original accused Nilkanth Doma Madavi in Sessions Trial No. 97/1996 challenging the judgment and order dated 29th November, 1997 passed by the Additional Sessions Judge, Bhandara (Shri S. S. Sawargaonkar convicting the appellant of the offence under section 302 of the Indian Penal Code for committing murder of his wife Anusayabai and sentencing him to suffer imprisonment for life and to pay a fine of Rs. 500/-, in default, to suffer further R. I. for nine months.

(2.) THE incident which gives rise to the prosecution against the appellant took place on 3rd May of 1996 at Chirchali (Mokasi), Taluka Sadak Arjuni, District Bhandara which comes within the jurisdiction of Police Station, Duggipar. The appellant and his wife deceased Anusayabai were residing in the house. Witness Shivdayal Pande (P. W. 3), who is resident of village of the accused, on 3rd May, 1996 came to know from Atmaram Gaidhane and Shankar Meshram that the victim Anusayabai was murdered. He, therefore, went to the house of the accused and saw dead body of Anusayabai lying in the inner room of the house having injury on her head. He also saw one axe lying near the dead body. He, therefore, went to the Police Station, Duggipar and gave information about the occurrence of the murder of Anusayabai. His oral report was reduced into writing by the Police Station Officer vide Exh. 17 and on the basis of that the offence was registered as Crime No. 59/1996. On the basis of the F. I. R. (Exh. 18) was drawn on the strength of the oral report (Exh. 17 ). After the report was received and offence was registered, P. S. I. Gajanan Bhatalwande (P. W. 9) on 4th May, 1996 visited the place of occurrence and prepared the panchanama of the scene of offence (Exh. 10 ). He also made inquest panchanama (Exh. 11) when he saw the dead body of deceased Anusayabai lying in the room. He also seized the axe (article 1) which was lying near the dead body. The dead body was sent to Rural Hospital, Deori for post-mortem.

(3.) DR. Deepak Dhumankhede (P. W. 10) who was Medical Officer, Rural Hospital, Deori, on receiving the dead body on 4th May, 1996, conducted post-mortem and prepared post-mortem report (Exh. 29 ). He noticed external injuries as described in column No. 17 of the post-mortem report including the lacerated wound with fracture behind left ear and lacerated wound with fracture on occipital region. He also found cerebral haemorrhage. In his opinion the cause of death was due to traumatic shock due to severe injury to brain and bones. He has also opined that the injury was possible with the axe i. e. article No. 1. He has also opined that the injury which was caused by an axe was sufficient in ordinary course to cause death.