ARJUN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard learned Advocates for the parties finally, by consent.

(2.) Present appeal has been filed by the original accused, who has been convicted for committing offence punishable under Ss. 302 and 309 of Indian Penal Code by learned Additional Sessions Judge, Sangamner on 6/3/2014 in Sessions Case No.64 of 2012.

(3.) The prosecution story in the nutshell is that one Tanaji Keru Kadam, who was the Police Patil of village Pimpri Louki, Ajampur, Tq. Sangamner, Dist. Ahmednagar gave report with Sangamner Police Station on 19/8/2012 stating that around 5.00 a.m. on the same date, two villagers from his village i.e. Karbhari Ganpat Lawre and Jayram Lahanu Datir went to his house. They told that a boy by name Sunil Arjun Datir told them that his mother Latabai is sleeping in the Veranda (Padvi) of the house, she is not waking up and blood has oozed out of her head. Tanaji along with other two persons had gone to the house of Sunil and saw that Latabai was dead. She had sustained injury to her head and, therefore, on the basis of the said information A.D. under Sec. 174 of the Code of Criminal Procedure came to be registered. Inquest panchanama was carried out and the dead body was sent for postmortem. The spot panchanama was also carried out. It is the further prosecution story that Medical Officer, Rural Hospital, Sangamner gave MLC on 22/8/2012 stating that person by name Arjun Gajanan Datir (husband of deceased Latabai) was admitted to the said hospital and he is in a position to give statement and, therefore, his statement be recorded. Thereafter, A.S.I. Madhukar Dadar went to hospital and recorded the statement of Arjun Datir. On the basis of the said statement, offence under Ss. 302, 309 of Indian Penal Code was registered vide Crime No.137 of 2012. In the said statement, it was disclosed that when Arjun was along with his wife Latabai in the house around 10.00 p.m. on 18/8/2012, they had quarrel on account of character of Latabai and then Latabai had abused. Then when Latabai went asleep around 11.30 p.m., Arjun had picked up pickaxe and assaulted on her head. After killing his wife, he had consumed poison which was used for killing ticks. Even after consuming that poison, he went to village Aashvi by foot and then started vomiting. In the said village, he slept on a raised platform, but in the morning, he boarded a bus from Aashvi to Sangamner and from Sangamner Taluka Police Station where he had gone, he was referred to Rural Hospital, Sangamner for medical treatment.