SONU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) IN Session Trial No. 133 of 1995, the appellant was tried on a charge that on 13 -4 -1995 at about 3 p.m. at Mouza Kharkadi, he did commit murder by intentionally or knowingly causing the death of his wife - deceased Bajobai alias Bayajibai - by means of a sharp edged weapon and thereby committed offence punishable under Section 302 I.P.C. The learned Additional Sessions Judge, by his judgment and order dated 17 -6 -2000, found the appellant/accused guilty of having committed offence punishable under Section 302 I.P.C. and convicted and sentenced him to undergo rigorous imprisonment for life and to pay a fine of Rs. 1,000/ -, in default to undergo R.I. for one year more, which is the subject -matter of challenge in this appeal.

(2.) IN nutshell, the prosecution case is that appellant Sonu Madavi committed the murder of his wife Bajobai alias Bayajibai. According to the prosecution, deceased Bajobai was married to the appellant 10 to 12 years prior to the incident and they had no issue. Along with them, Dalibai, niece (maternal) of deceased Bajobai, was also residing. On the fateful day, Vachchhala alias Dalibai (PW 2) went to Sukribai (PW 3), who is younger sister of the deceased, and informed her that Bajobai was assaulted by the appellant/accused and she was lying in a pool of blood in the courtyard of the house. Therefore, they went to Zuri Usendi (PW 1), father of the deceased, who was in his field, and informed him about the incident. On receiving the information, Zuri (PW 1) went to the house of his daughter - deceased Bajobai - and found that she was lying in a pool of blood and was alive. Therefore, he went to Police Station Dhanora and lodged an oral report Exhibit 23 that he was informed by his grand -daughter Dalebai that the appellant had a quarrel with deceased Bajobai and assaulted her by means of an axe. As a result of which, she was smeared with blood and lying in the courtyard. On receiving the information as above, he went to the house of his daughter - deceased Bajobai - along with his granddaughter and saw that his daughter was drenched with blood and was lying in the courtyard in an injured condition. Thereupon he informed the Police Patil of the Village, with whom he went to the Police Station and lodged an oral report there. On receiving the report, H.C. Pundlik Choudhari (PW 10) scribed the report as per the say of Zuri Usendi (PW 1) and registered the offence under Section 307 I.P.C. vide Crime No. 12 of 1995 at Police Station Dhanora and then handed over the diary to P.S.O., Dhanora. Another H.C. Ashok Pal (PW 6) was informed by H.C. Pundlik Choudhari (PW 10) that the wife of appellant/accused Sonu Madavi was lying in a pool of blood in the house of the appellant/accused and she was shifted to the hospital along with P.C. Suresh and a requisition letter has been issued by P.C. Suresh to the Tehsildar for recording her dying declaration. But the same could not be recorded because the Medical Officer informed that the victim was unconscious and was unable to give statement. He also visited the spot of occurrence and prepared the spot panchanama Exhibit 27 and seized an axe, which was lying there, stained with blood. He also seized soil mixed with blood and soil separately from the spot of incident. During the course of investigation, he recorded the statements of the witnesses and thereafter the case papers came to be transferred to A.P.I. Keshav Patond (PW 11). On 14 -4 -1995 at 2.45 p.m. A.P.I. Keshav Patond (PW 11) received an information that the victim was dead. Therefore, the offence against the appellant/accused came to be converted from Section 307 I.P.C. to Section 302 I.P.C. During the course of investigation, the police recorded the statements of the witnesses. The police found that the appellant/accused was absconding. They arrested the appellant/accused subsequently on 16 -4 -1995 in the presence of panchas at Mouza Kharkadi. On arrest of the appellant/accused, he was interrogated and the police were able to discover the articles used in the offence, viz. suri (knife), stone, wooden platform (pat), shirt stained with blood, etc. concealed under the heap of paddy straw in Sanwadi under the seizure memo Exhibit 31. All the articles were then sent to the Chemical Analyzer for analysis.

(3.) IN answer to the charge, the appellant/accused pleaded not guilty and claimed to be tried. His case is of denial.