DILIP BABRUWAN MANJARE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS Appeal has been directed by the Appellant/Original Accused against the Judgment and order dated 10th June, 2004, passed by the 3rd Extra Joint Sessions Judge, Pune in Criminal Case No. 268 of 2001. By the said Judgment and order, the learned Sessions Judge convicted the Appellant under Section of the Indian Penal Code (IPC) and sentenced him to suffer life imprisonment and pay fine of Rs. 1,000/ - in default to suffer R.I. for one month. The prosecution case, briefly stated, is as under:

(2.) CHARGE came to be framed against the Appellant -Original Accused under Section of the Indian Penal Code. He pleaded not guilty to the said charge and claimed to be tried. His defence is that of total denial and false implication. After going through the evidence adduced in this case, the learned Sessions Judge convicted and sentenced the Appellant as stated in paragraph No. 1 above, hence, this Appeal.

(3.) THE conviction is based mainly on the evidence of P.W.No. 2 Monica. Monica was the daughter of the appellant and the deceased. Monica has stated that she along with her brothers and sisters were residing at Dalvinagar at the house of her grandmother. Her father i.e. the Appellant used to abuse and beat her mother. On the day of incident i.e. on 7th March, 2001 at about 12.00 to 12.30 p.m., her mother Pushpa was breast -feeding her infant child Pratiksha. P.W.No. 2 Monica was in the house, at that time. The Appellant told Puspha not to breast -feed the child. He, then gave fist blows on the eyes of Pushpa. Pushpa put her hands across her eyes and she fell down. The Appellant then lifted the grinding stone and dealt blow of the stone to Pushpa. P.W. No. 2 Monica witnessed the incident. She then went to call P.W.No. 1 Bhagwan her relative whose house was adjacent to their house. She informed him about the incident. Bhagwan then came to the house. He saw Pushpa was lying on the ground with bleeding injury on her head. This witness has identified the Appellant as well as the grinding stone before the Court. Nothing has been elicited in the cross -examination of this witness so as to disbelieve her testimony.