ASHOK DATTATRAYA GODASE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) FOR committing the murder of his sister-in-law (brothers wife) and attempting to commit the murder of his mother the appellant has been convicted under section 302 and 307 of the Indian Penal Code respectively by the learned Additional Sessions Judge, Satara. For the first conviction he has been sentenced to imprisonment for life and for the other rigorous imprisonment for five years and a fine of Rs. 500/- in default rigorous imprisonment for one year, with a direction that the substantive sentences shall run concurrently.

(2.) ACCORDING to the prosecution case, the incident took place on November 1, 1988 at or about 8 p. m. in the house of Muktabai (the mother) in village Dolegaon within the Police Station of Borgaon where she used to reside with her second son Jayvant, his wife Lata (the deceased) and youngest son Ashok (the appellant ). It is alleged that at the time of the incident, only Muktabai and Lata were in the house as Jayvant had gone to Satara and the appellant had gone out after having his meals. While they were preparing for going to bed the appellant came armed with an axe and assaulted Muktabai causing three injuries on her person. Then he inflicted two blows upon Lata with the axe resulting in her instantaneous death.

(3.) WHILE being assaulted, Muktabai raised a hue and cry and on hearing the same some neighbours including Ramchandra Godse, the Police Patil, and another Ramchandra Godse, came there and heard about the incident from Muktabai. Jayvant came back home at or about midnight and also heard about the incident from Muktabai. Muktabai was removed to hospital by Jayvant and from there she went to the police station and lodged an information about the incident. On that information a case was registered which ended in a charge-sheet.