LAWS(BOM)-2022-8-63

SANJAY SAHEBRAO PARKHE Vs. STATE OF MAHARASHTRA

Decided On August 18, 2022
Sanjay Sahebrao Parkhe Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Appellant is the original accused who has been sentenced to imprisonment for life in Sessions Case No. 141 of 2021 by the learned Additional Sessions Judge, Newasa, Dist. Ahmednagar on 1/1/2015, after holding him guilty of committing offence punishable under Sec. 302 of IPC.

(2.) The prosecution case, in short, is that present appellant got married to deceased Mangal about 10 years prior to the date of incident i.e. 25/6/2014. The appellant and Mangal used to reside at Shrirampur and they had daughters by name, Radhika and Anjali. However, some years later, the appellant started assaulting and ill-treating Mangal by raising suspicion over her character. Informant -Pavlas Dagdu Satdive, who is the father of deceased Mangal, used to give advice to the appellant that he should not raise unnecessary suspicion over the character of Mangal and should not ill-treat her. However, because of the said ill-treatment two months prior to 24/6/2014, Mangal went to her father's house alongwith daughters . Four days thereafter, the appellant went to the house of the informant and told that Mangal should be allowed to accompany him. But, when it was expressed that Mangal is not ready to cohabit in view of the fear in her mind, the appellant started residing with the informant and Mangal as well as the daughters. Still, he continued to raise suspicion over the character of Mangal.

(3.) It is further prosecution story that Mangal, appellant, informant and his daughter-in-law - Archana were at the house around 8.00 a.m. on 24/6/2014. At that time, the appellant had given assault by means of an axe on the head of Mangal. The assault was so forceful that the axe literally got embedded in the head of Mangal causing heavy bleeding injury to her. Though the informant Pavlas had tried to take out the axe, but he was pushed by the appellant causing injury to Pavlas also. He then cried for help. Other persons as well as son of the informant gathered and they caught hold of the appellant. Mangal was taken to Vadala-Bahiroba for treatment. However, the Doctor declared her dead. Informant Pavlas had then lodged lodged report about the incident on the same day, which came to be registered vide Crime No. 129 of 2014 under Sec. 302 of IPC.