MADHAVGIR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 18-8-1998, passed by 2nd Additional Sessions Judge, Nanded in sessions Case No. 126 of 1997, thereby convicting the appellant/original accused for the offence punishable under section 302 of the Indian Penal Code and sentencing him to undergo imprisonment for life.

(2.) THE prosecution story, in brief, is as follows : The appellant was residing with deceased Kalawatibai for about 5 to 6 years before the incident in question, Though deceased Kalawatibai was not legally wedded wife of the appellant, she resided with the appellant as his mistress / keep. It appears that the house was recorded in the name of the appellant and deceased Kalawatibai had got her name mutated in the records. On account of this, there was quarrel between the two in which the deceased was assaulted. The appellant was arrested. He was taken to police station. He was, however, released on bail. The appellant returned home on 18-1-1997, at about 7. 00 p. m. On return, he asked deceased to serve meals to him. However, the appellant was not served meals. On the next day, i. e. on 19-1-1997, the appellant found the sum of Rs. 1100/- missing from his trunk. The appellant appears to have questioned her with regard to money. Not getting satisfactory answer, the appellant again fought with her. The appellant was not served meals on the next day evening also. The deceased had locked the door of the house compelling the appellant to sleep in the verandah. The deceased came in the evening but did not bother about the appellant who was sleeping in the verandah. The quarrel ensued between them, which was noticed by the neighbours. The matter was reported to the police by the neighbours and Police Constable Yadeo Jambhalikar (P. W. 5) arrived along with the neighbours of the appellant. The appellant was present in the house. On inquiry by the Police Constable, the appellant replied that he was about to come to the police station since he (the appellant) had killed his wife, The Police Constable and other neighbours entered the house and saw the dead body of the deceased Kalawatibai. The appellant was taken to the police station and first information report came to be lodged by the appellant himself in the police station, which was recorded by P. S. I. Ashok Mairal at Exh. 31. The appellant was arrested in the police station vide arrest panchanama (Exh. 15 ). There were injuries caused by biting on the thigh, fingers of right and left hand of the appellant. Panchnama of the scene of the offence (Exh. 10) was recorded by p. S. I. Ashok Mairal and articles such as pieces of bangles, iron blower pipe, vegetable cutter and pillow stained with blood were attached from the spot. After completion of the investigation, charge-sheet came to be filed.

(3.) BEFORE the learned Sessions Judge, the neighbours were examined, who had heard the commotion from the house of the appellant. A Police Constable who visited the house of the appellant along with the neighbours testified that the accused/appellant was present in the house and that his wife deceased kalawatibai was found dead, while P. S. I. Ashok Mairal came to be examined as p. W. 6, who had recorded the spot panchnama and attached the articles including blood stained articles from the house of the appellant. Autopsy Surgeon Ashok mundhe testified the injuries found on the person of the deceased and deposed that the death of the deceased was homicidal. In view of this, the learned sessions Judge found the appellant guilty and convicted and sentenced the appellant as stated in first para of this judgment.