REVNATH Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this criminal appeal the Appellants/original accused Nos. 1 and 2 have challenged the judgment and order dated 5th May, 2011 the learned Additional Sessions Judge 3, Aurangabad in Sessions Case No. 37 of 2010. By this judgment the trial Court convicted the Appellant No. 1/original Accused No. 1 Revnath S/o Balasaheb Chavan and Appellant No. 2 Meerabai W/o Balasaheb Chavan for offence under section 302 I.P.C. and sentenced both of them to suffer imprisonment for life and to pay a fine of Rs. 1,000/- each with default sentence of R.I. for 6 months. It is the case of the prosecution that on 17th November, 2009 at about 02.00 p.m. there was quarrel between the accused and deceased Meenabai. At that time the complainant Hirabai convinced deceased Meenabai not to indulge into arguments with the appellants/accused. It is further the case of the prosecution that at 04.00 p.m. deceased Meenabai had been to her field to collect fire wood. Since she did not return for a considerable time and since her small child was crying the informant Hirabai started for searching Meenabai. She heard shouts at some distance from her house. She went there and found that the Appellants/accused were abusing deceased Meenabai. The appellants/accused were assaulting deceased Meerabai by wooden Danada and stick. Original Accused No. 3 Krishna was assaulting by kick and fist blows. Since there was nobody nearby deceased Meerabai could not get help. It is the further case of the prosecution that accused threatened the complainant that they had already killed Meenabai and if she failed to leave that place should also be killed. Accordingly, complaint came to be lodged. After completion of investigation charge sheet came to be filed. The trial Court framed charge (Exhibit-18) against the Appellants/original accused for offence punishable under section 302 of I.P.C. The Appellant/accused pleaded not guilty and claimed to be tried.

(2.) In support of its case, the prosecution examined 7 witnesses. P.W.1 is complainant Hirabai Chavan (mother of deceased Meenabai), P.W.2 Sampartrao Gaikwad, P.W.3 Balasaheb Anna Rindhe, a Panch witness, P.W.4 Umesh Magar, a Photographer, P.W.5 Dr. Zahir Abbas, P.W.6 Santosh Suryabhal Dhole, a Panch witness to Memorandum and Panchanama and P.W.7 Abhiman Trimbak Pawar, who is investigating officer. The Appellant/original accused D.W. 1 Vilas Chavan, D.W.2 Shared Nikam and D.W.3 Sahebrao in support of their defence of alibi.

(3.) The conviction and sentence inflicted upon the Appellants by the learned trial Judge principally is based on eye witness account of P.W.1 Hirabai, Postmortem Notes Exhibit37, Inquest Report Exhibit-41 and oral evidence of P.W.5 Dr. Zahir Abbas.