DATTA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present appeal has been filed by the original accused challenging his conviction by learned Additional Sessions Judge, Udgir, District Latur on 18/2/2017, thereby holding him guilty of committing offence punishable under Ss. 302, 201, 176, 504, 506 of Indian Penal Code.

(2.) The prosecution story in short is that P.W.1 Rukhminbai Mahadu Devnale resident of Shiv Nagar, S. T. Colony, Udgir lodged report with Udgir Rural Police Station on 12/5/2014. She informed that she has two daughteRs. and no son. Both the daughteRs. are married and since she has no son her daughter Sangita resides with her husband and two sons and two daughteRs. with herself and her husband Mahadu. Her husband Mahadu, son-in-law i.e. appellant and daughter Sangita were at home on 10/5/2014, which was Saturday. Her husband had returned after labour work around 8.00 p.m. After taking tea, he was chewing tobacco and chitchatting. Mahadu was telling Rukhminbai where she had gone in the morning and she had not given him tiffin. He was required to starve and rather was required to go to hotel to take lunch. Sangita was preparing food in the kitchen. Accused came around 10.00 p.m. in the house where Rukhminbai and Mahadu were sitting. He started saying Mahadu that he is sitting idle and whether he was bringing minimum ten rupees in the house (vk;Rs. cl qu [kk;yk ckikph i saM vkg s dk dk sBqu ngk #i; s deo qu vk.kykl dk) by abusing so, accused slapped Mahadu. At that time, Mahadu told accused that whether the house belongs to his father and by staying in his house, why he is slapping him. Thereupon, accused abused Mahadu and by holding Mahadu's shouldeRs. with his both hands banged him on the wall, as a result of which, Mahadu sustained severe injury to his head, which was bleeding. He fell down and at that time accused caught hold of his both legs and pulled and then kicked on his chest. Blood was oozing out of the nose and mouth of Mahadu. When Rukhminbai tried to separate, she was pushed. When Mahadu became unconscious, accused started saying as to why he is making drama and then brought water in a big pot and poured it on Mahadu's face, at that time, Rukhminbai called Sangita by saying that her husband has assaulted the old man. Sangita came running from kitchen and started calling deceased. They tried to wake him up, but he was unconscious. As the blood was oozing out of the head, they filled the injury with turmeric. Accused was then asked to bring auto rickshaw. After he brought auto rickshaw, Rukhminbai took Mahadu to Government Hospital, however, when they were in front of the hospital, Mahadu expired and as she had no desire to have a postmortem, she brought the dead body back to house. They kept the dead body in the house for whole night, at that time, accused threatened Rukhminbai as well as Sangita that they should not disclose the incident to anybody otherwise they would be stabbed and done to death. They got frightened and therefore told that Mahadu expired due to fall from the wall. Their relatives gathered on 11/5/2014. To them also, the same reason was conveyed and then the funeral was performed at Malkapur cemetery around 11.00 a.m. on 11/5/2014. But then as aforesaid, she lodged the FIR on 12/5/2014.

(3.) After the FIR was lodged spot panchanama was carried out, statements of witnesses were recorded. Accused came to be arrested. After the investigation, charge-sheet was filed.