SHIVSHANKAR HIRAMAN GEDAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) APPELLANT was tried for the offences punishable u/ss. 302,448 and 324 of the Indian Penal Code for committing the offence of house trespass in the house of deceased Doma Gondane, as also intentionally and knowingly committing his murder by assaulting him with a knife and causing bleeding injury to his wife Lalita Gondane.

(2.) AT the trial, prosecution examined in all seventeen witnesses. The trial Court, accepting the evidence consisting of eye-witnesses account of Lalita W/o. Damaji Gondane (P. W. 2), the wife of deceased Doma and medical evidence of Dr. Prakash Mohite (P. W.15), who conducted autopsy on the dead body and opined that deceased Doma died homicidal death and circumstantial evidence of discovery of knife (Article 10) at the instance of the appellant in pursuance of his statement, convicted the appellant by judgment delivered on4th December, 1999 in Sessions Trial No. 413 of 1997 for the offences u/ss. 302 and 448 of the Indian Penal Code and sentenced him to imprisonment for life and to pay fine of Rs. 250/- in default to undergo rigorous imprisonment for one month for the offence u/s. 302 of the Indian Penal Code and rigorous imprisonment for three months respectively for the offence u/s. 448 of the Indian Penal Code with directions that the substantive sentences shall run concurrently and acquitted the appellant-accused of the offence u/s. 324 of the Indian Penal Code. This order of conviction and sentence is subject matter of challenge in this appeal.

(3.) ON internal examination, he found pleura torn corresponding to external injury no.1. The stab wound was present over the apex of the right lung corresponding to Injury No. 1. In his opinion, the injuries were sufficient to cause death. The injuries were ante mortem in nature. He has also opined that injury no.1 could be caused by knife (Article No. 10 ). In his opinion, as stated in the post mortem note (Exh. 60), cause of death was injury to the vital organ.