DOMA BHAUDAS MENDWADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant was charged, under section 302 of the Indian Penal Code, for having committed the murder of Jainabai Palwar, by the Additional Sessions Judge, Bhandara. He was convicted by the trial Court under section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life and also to pay a fine of Rs. 500/- and in default to suffer further R. I. for 9 months in the Sessions Trial No. 15/96 vide judgment and order dated 28-8-1997.

(2.) THE prosecution case, in brief, is that deceased Jainabai was the grand mother-in-law of the appellant/original accused i. e. she was the grand mother of his wife. There was a dispute between the accused and his wife and his wife was staying separately with her grand mother Jainabai. As the appellant was not maintaining his wife Lilabai and because he was ill-treating her and demanding dowry from her, a criminal proceeding was initiated by his wife Lilabai under section 498-A and a maintenance proceedings under section 125 of the Cri. P. C. was also filed by her and her application was allowed. However, the appellant had not deposited any amount towards the maintenance. It is the case of the prosecution that the appellant/accused had grudge against Jainabai as he felt that she had instigated his wife Lilabai to file the maintenance proceedings against him. On 21-11-1995 the grand mother of Lilabai i. e. Jainabai was going to the field at about 12 noon when the accused saw her. When she arrived in front of the hotel of one Nandlal Nagpurkar, the accused, all of a sudden, started beating her by his hands and legs. P. W. 1 Sunil Thate thereafter came to the scene of the offence and intervened and told the accused not to beat his grandmother. Thereafter, Sunil Thate went to the Police Station and narrated the incident to the Police. In the meantime, Jainabai died as a result of the kicks and blows which were given by the accused. The F. I. R. was lodged by Sunil Thate and P. W. 5 Haribahu recorded the complaint and drew the printed F. I. R. Exhibit 22 and obtained his signatures. The statements of the witnesses were recorded. The accused was arrested and panchanama was drawn by the panchas. Charge-sheet was filed against the accused. Sessions Court framed charge under section 302 of the Indian Penal Code. The accused pleaded not guilty to the said charge. The defence of the accused was of total denial. The trial Court on the basis of the evidence adduced by the prosecution, convicted the accused under section 302 of the Indian Penal Code and sentenced him to suffer R. I. for life and also directed him to pay a fine of Rs. 500/- and in default to suffer further R. I. for 9 months.

(3.) THE prosecution examined 10 witnesses, out of which P. W. 1 Sunil, P. W. 2 Nandlal, P. W. 3 Shila and P. W. 8 Narendra were examined as eye-witnesses. The other witnesses examined, were the panch witnesses, Investigating Officer and Doctor.