KAKDYA PATTU KAKARA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. Sait, learned Advocate appointed for the Applicant and Mr. Hingorani, learned A.P.P. appears for the respondent-State. The appellant is convicted for the offence punishable under Section 302 of the Indian Penal Code and is sentenced to suffer imprisonment for life and to pay fine of Rs. 800/-, in default, to suffer R.I. for 20 days.

(2.) The appellant had allegedly assaulted his wife Laxmi which had resulted into her death. It is alleged by the prosecution that the appellant had intention to kill the deceased or he had intention to cause bodily injuries to the deceased which sufficient to cause death in ordinary course of nature. The incident had occurred on 4.2.2004 at the house of the appellant. The appellant was aged about 62 years on the date of incident. The age of the deceased was 60 years. They had a daughter Dy. name Mrs. Janaki S. Dambale. It appears that she was in the house at the time of alleged incident. Her name appears in the list of witnesses. Her statement has not been recorded by the Police.

(3.) It is alleged that on 5.2.2004, at about 12.00 noon there was a quarrel between the deceased and the appellant. The appellant had demanded money from the deceased. The deceased had refused to oblige him because deceased apprehended that the appellant would drink liquor if he was given money. The appellant, therefore, had allegedly assaulted the deceased. The complainant Bhikar Vitthal Kakara who was staying near the house of the appellant had visited the house of the appellant on hearing the noise. He tried to impress upon the appellant that the appellant should not assault his wife. However, there was no response from the appellant. The complainant, therefore, left the house of the appellant and called the Police Patil. The Police Patil also tried to intervene. However, there was no effect on the appellant. It is alleged that thereafter the appellant had assaulted the deceased by means of stick. Mrs. Janaki the daughter of the appellant and the deceased, therefore, rushed to the complainant's house and informed him that her mother was being assaulted by her father. By the time the complainant reached the house of the appellant and the deceased, deceased had already succumbed to injuries. The matter was reported to the Police. An offence u/s. 302 of the I.P.C. was registered and investigation continued. During the course of investigation, the dead body of the deceased was sent for postmortem examination. Spot panchanama was drawn. Statements of the witnesses were recorded. The Medical Officer, after examining the dead body of the deceased, had opined that the deceased had died due to cardiorespiratory failure due to haemorrhagic shock secondary to trauma to back of thoracic cage.