DATTATRAYA VITHALRAO ADSUL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is is an appeal by the original accused against the order dated 9. 10. 1991 passed by the Additional Sessions Judge, Osmanabad in Sessions Case No. 36 of 1991 convicting the appellant-accused for an offence punishable under section 302, Indian Penal Code and sentencing him to suffer rigorous imprisonment for life and also convicting under section 27 of the Arms Act, 1959 and sentencing to suffer rigorous imprisonment for one year and fine of Rs. 500/- in default, rigorous imprisonment for three months.

(2.) THE deceased involved in the case was one Gangubai, who was the first wife of the appellant accused Dattaraya. As the appellant-accused did not have any issue from Gangubai there was second marriage between appellant and Prabhawati. There were disputes between Gangubai and her husband accused in respect of agricultural lands bearing Sy. Nos. 32 and 81 situated at village Gambhirwadi and also in respect of maintenance. The appellant-accused is an ex-serviceman and had retired as a S. T. driver after his voluntary retirement from military service. Gangubai instituted a civil suit against the husband and secured decree in respect of the agricultural lands. To execute the said decree, deceased Gangubai initiated Regular Darkhast No. 117 of 1990 in the Civil Court at Kallam and the possession warrant (Ext. 28-A) was issued on 11. 10. 1990. It was in respect of area of 5 acres out of S y. No. 32 and an area of 2. 5 acres out of Sy. No. 81 of the same village. In execution of the said decree, possession came to be given on 14. 11. 1990 as per the possession receipt (Ext. 17) and also under Panchanama (Ext. 16 ). A report to that effect was also filed in the execution proceedings as per exhibit 19. Inasmuch as, the decree, was not completely and properly executed, deceased Gangubai again applied to the executing Court by an application (Ext. 21) through her advocate P. W. 6 Shri Shankarrao Kulkarni (Ext. 33) and secured necessary orders on 23. 11. 1990 and 26. 11. 1990. The execution of the prosecution of the possession warrant in respect of this was then fixed on 4. 12. 1990.

(3.) P. W. 4 Han Namdeo accompanied deceased Gangubai as head bailiff of the Civil Court for executing the said warrant. P. W. 1 Atmaram Adsul was working as police Patil at the material time and had also accompanied the bailiff together with P. W. 2 Tanaji Chavan, the Kotwal of the village and P. W. 3 Trimbak Tormal, the brother of deceased Gangubai. The executing party then reached the agricultural land where the house of appellant-accused is also situated. It is the case of the prosecution that at the time of the incident there were certain verbal altercations between the two wives of the appellant-accused and as the decree was to be executed, appellant accused brought a gun from his house and fired four gun shots at Gangubai hitting on the different and vital parts of her body ultimately causing her instantaneous death. P. W. 1 Atmaram, the police Patil, who witnessed the incident, then reached immediately Kallam police station at about 12. 00 p. m. on the same day i. e. 4. 12. 1990 and lodged first information report against the appellant. P. W. 11 Chandrashekhar Kadam was working as police sub- Inspector at the said police station and on receiving the F. I. R. (Ext. 20) and after registering the necessary offences he proceeded towards the spot and effected the inquest (Ext. 12) and the spot Panchanama (Ext. 13) in the presence of P. W. 5 - Tuljaram Ghodake at e,hibil30. At the scene of offence certain articles such as empty shells of cartridges, pair of chappal, blood stained clay and a purse consisting amount of Rs. 1057/ (Articles 2 to 5 and 7) were attached under Panchanama. The appellant-accused was arrested on the same date at about 2 p. m. under Panchanama (Ext. 40) by P. W. 9 Kalyan Kulkarni. Certain articles such as gun, two live cartridges, driving licence and driverts dress (Articles No. 6 to 13) were attached under Panchanama (Ext. 33) in the presence of panchas including P. W. 8 Murtaza All The dead body of Gangubai was taken to the primary health centre at Itkur by P. W. 7 Arjun Nagorao where the medical officer, Dr. Gopalkrishna Joshi (Ext. 10), carried autopsy as per Ext. 45. The clothes which were on the person of deceased were produced by r. w. 7 Arjun Nagorao at the police station (Articles No. 14 to 19) and were duly attached under the Panchanama (Ext. 35 ). The investigation proceeded further and the statement of the material witnesses were recorded.