DAGADU DHARMAJI SHINDORE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal is filed challenging the Judgment and Order dated 29/4/1994 delivered by the Additional Sessions Judge, Pune in Sessions Case No.432 of 1991 convicting the appellant for the offences under Sections 302 and 307 of IPC.

(2.) BRIEFLY stated the prosecution case is as follows :

(3.) BEFORE the Sessions Court, charges were framed against the accused for offences under Sections 302 of IPC for the murders of his son Ganesh and of his daughter Manisha separately. He was also charged for offence under Section 307 of IPC for the assault on his wife Vijaya and lastly for offence under Section 309 of IPC for attempting to commit suicide. As the accused pleaded not guilty to the charges framed against him, on behalf of the prosecution 13 witnesses were examined which include Complainant Vijaya Shindure PW 2, the wife of the accused. The other witnesses included PW 1 Shalini Phansalkar , the JMFC who had recorded the statement of the accused and PW 11 Kamalakar Adhav , the Special Executive Magistrate, who had recorded the confession of the accused under Section 164 of Cr. P.C. The neighbours like PW 3 Brijkumar Somani , PW 4 Balu Kudale and PW 5 Dagadu Dimbale have been examined. The prosecution has also examined doctors who had examined the complainant and accused and the doctor who performed autopsy on the dead bodies. PW 6 Dr. Amod Talavalikar had examined the complainant and issued injury certificate. PW 10 Dr. Avinash Nagpure had examined the accused. PW 12 Dr. Vasudeo Paralikar is a Psychiatrist to whom the accused was referred for psychiatric treatment. Lastly, PW 13 is P.I. Ingale , who investigated the case. The defence of the accused was of denial. In the written defence given by the accused his case is that some stranger had assaulted all the members of the family including himself and had run away.