PANDURANG VINAYAK DEOKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By the present appeal, the Appellant has challenged the judgment and order dated 20th August, 2004 passed by the III Additional Sessions Judge, Solapur convicting the Appellant for committing the murder of his wife Nirmala and thus for the offence punishable under section 302 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for life and to pay fine of Rs. 500/- and, in default, to undergo S.I. for one month. The said prosecution has arisen out of a charge-sheet submitted by Tembhurni Police Station as a result of investigation of Crime No. 116 of 2003 registered with the said police station on a complaint-Exhibit-23 lodged by the mother of the deceased PW 5 Mandakini Mhaske. According to the said complainant, her daughter Nirmala had married the Appellant about 9 years prior to the date of lodging the said complaint. The said marriage was out come of love affair in between them. According to the Complainant, the Appellant came across with Nirmala while she was working as a Teacher with Kanya Prashala. Tembhurni. The Appellant had entangled her in the love.

(2.) According to the complainant, the Appellant met with an motorcycle accident two years after the marriage. PW-5 then incurred an expenditure of Rs. 50,000/- to 60,000/-. The Appellant was not doing any work and developed habit of living lavishly. The Appellant after exhausting his money, started misusing the money of deceased Nirmala and used to demand money from his wife by giving her threats. The daughter of the complainant, with her funds and taking funds from the Complainant, had purchased 17 acres of land at Village Malegaon. She also borrowed money from the other persons and was refunding it from her salary. As the daughter of the Complainant was refusing to give money, the Appellant, was obtaining loan from other persons. About 5 to 6 years passed in such manner. The Appellant thereafter started harassing the daughter of the Complainant for selling the land purchased by her and giving said amount to him for refunding loans incurred by him. According to the Complainant, her daughter used to inform her on phone regarding the harassment made by the Appellant and she used to also tell that the Appellant was a dangerous person and may cause danger to her life at any time. About 15 days, prior to the lodging of the complaint, while the Complainant was proceeding to Nashik, she went to Tembhurni and at that time also the daughter informed her that she was feeling that her husband would put her life in danger and it would had been proper if she had not married him. She also told her that she was afraid as the murders were committed by engaging an hirelings, she was afraid.

(3.) It is the main case of the complainant that on 7th September, 2003, early in the morning after receipt of the information that her daughter was serious, she went to Barve Mala along with her relatives and learnt that her daughter was murdered. She then found injuries on the stomach, chest, neck and hands of her daughter. By narrating such matters, PW-5 lodged the complaint against the Appellant on the basis of the information received from the persons from the vicinity to the effect that the appellant harassing her daughter due to her refusal to sell the land and give money to him, had committed her murder. After effecting the necessary investigation upon the crime registered, which included drawing the inquest panchnama, spot panchnama, and seizure of the clothes of the deceased, arrest of the Appellant, sending corpse for autopsy and so also articles sized during the course of panchnama to Chemical Analyser, PW-9 PSI Kadam charge-sheeted the Appellant for commission of the offence of murder of wife.