KESHAV DHONDI JADAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant has preferred this appeal against the Judgment and order dated 18-1-1999 passed by the Sessions Judge, Sangli in Sessions Case No. 149 of 1997, wherein the appellant was convicted for the commission of the offence punishable under Sections 302 and 201 of the I. P. C. and was sentenced to suffer life imprisonment and to pay fine of Rs. 500/- in default to suffer R. I. for one month on first count and sentenced to suffer R. I. for two years and to pay fine of Rs. 100/- In default to suffer R. I. for one month, on second count.

(2.) THE facts giving rise to the present case, in brief, are thus The appellant and his wife Kamal along with their two children were residing at amnapur. Their eldest son was residing with kamals brother Prakash (PW 8 ). The eldest son used to visit the house of the appellant once in a fortnight. The accused was previously employed at Kirloskarwadi. He left service and was cultivating his lands. He was addict to alcohol and being under the influence of alcohol he used to pick quarrels with his wife Kamal. He was suspecting the chastity of his wife alleging that she had illicit relation with whosoever she was found talking. He had threatened one Manik Rajmane (PW 13) with life with whom he suspected that his wife had illicit relations. Kamal, wife of the accused, was making such complaints about her husband with her brother Prakash (PW 8) and it was done so by her about fortnight prior to the incident. Prakash had taken Kamal to the house of the husband and by calling a meeting of leaders of the village asked the accused to prove his charge of Kamals having illicit relation with anyone. In the said meeting, the accused promised that he will not suspect the chastity of her wife and would behave properly. On the day of the incident, Shivaji jangam (PW 9) and Shantabai Jadhav (PW 11) saw that the accused and Kamal were going together to their land for collecting fodder. Shalan (PW 12) saw that the accused alone had come back to his houe and during the night in between 27-5-1997 and 28-5-1997 the house of the accused was closed and neither Kamal nor the appellant were present there.

(3.) ON 28-5-1997, Shamrao Awate, Police Patil of the village was informed by one vithal Patil that in the land belonging to one maruti Patil dead body of a woman was found. The Police Patil went to the land and found dead body of a unknown woman lying there with sharp cutting wounds on its head, arm, and neck. He, therefore, informed the police. PW 17 Pradlp Aphale on receiving Information went to the spot and drew inquest panchnama of the dead body and sent it to the medical officer for post mortem examination whose report was received in due course which is part of the record. Tukaram nephew of the accused identified the dead body to be that of his aunt Kamal. The Investigating Officer went to the house of the accused and found that it was locked. In presence of the panchas, the lock was broken and search was made in which course bluish shirt and white trouser, both stained with blood hanging to the peg were found. One scythe stained with blood kept near the gunny bag in one corner of the room was also found. Articles were seized under panchnama. Thereafter, Tukaram nephew of the accused showed the land belonging to the accused. Search of the land showed that pair of chappals. broken piceces of green bangles, blood soaked earth and blood stained leaves were found in the 13th furrow of the land in which sugarcane was standing. Clothes and some ornaments found on the body of Kamal were also seized by drawing panchnama. Accused was not found in the village and was absconding and, therefore, search was announced. P. S. I. Subhash Patil (PW 16), while on patrolling duty, was at tea stall near S. T. Stand and saw one person moving in suspicious manner and took him in custody and came to know that he was a wanted person Keshav dhondi Jadhav i. e. the accused. He was arrested and brought to the police station at Kundal. In the custody of the police , the accused made disclosure statement leading to the discovery of Bormal and Mangalsutra which his wife was wearing every day. The accused also disclosed that he had sold one ear top to one goldsmith of Tasgaon and led the police to the place of the goldsmith wherefrom the ear top was seized under panchanama. Various incriminating articles seized in the course of investigation were sent to the C. A. for examination whose report was received and is part of the record. The cause of death of the victim was reported to be cardiorespiratory failure resulting from rupture of traches, oesophagus and large vessels and haemorrhagic shock caused by sharp cutting injury on neck and injury on the skull. On completion of the investigation, the charge sheet wa sent to the Court of tew. The learned Magistrate committed the case to the Court of Sessions.