KAILASH MANIKRAO KHANZODE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is an appeal preferred by the original accused against the Judgment and Order dated-30th November, 1999 passed by the Additional Sessions Judge, Pusad in Sessions Trial No. 51/97 whereby the original accused has been convicted and sentenced for an offence under section302 of the Indian Penal Code to undergo life imprisonment.

(2.) THE facts which are not in dispute may be stated as under : THE murdered woman was one Dwarkabai, aged about30 years. Gayabai (P.W.3) is the mother of deceased Dwarkabai. Deceased Dwarkabai was married to one Bhimrav. Godabai is the daughter of deceased Dwarkabai from her first husband Bhimrav. However, there was a divorce between Bhimrav and Dwarkabai. THEreafter, deceased Dwarkabai was residing with her mother Gayabai at Yeldhari. She was earning her livelihood by selling firewood. THE accused is the resident of Yeldhari. He was also doing the same work for earning his livelihood. THE accused used to accompany Gayabai and her daughter Dwarkabai while going to forest for collecting firewood. He developed love affairs with Dwarkabai. He wanted to marry with Dwarkabai. For that purpose, he obtained consent from his first wife. A document to that effect was executed on stamp paper. THEreafter, the accused got married with deceased Dwarkabai and he was living with Dwarkabai at Yeldhari. Witness Panchafulabai is the second daughter of Gayabai. One Waman is the husband of Panchafulabai. THEy were residing at Yeldhari. Dead body of deceased Dwarkabai was found on 06. 04. 1997. THE accused was arrested on10th April, 1997 at village Veni Dharan.

(3.) THE incident occurred on6th April, 1997. On that day, deceased Dwarkabai along with her mother Gayabai (P.W.3), sister Panchafulabai (P.W.5), daughter Godabai and one Shobhabai (P.W.2) had gone to the forest for collecting firewood. After collecting the firewood, they started returning to the village with the bundles of firewood. When they reached near Mahadeo Temple, they heard shouts of Dwarkabai. At that time they noticed that the accused was giving blows with an axe on the person of Dwarkabai. THEy rushed towards Dwarkabai. However, accused gave threat to them not to come to that place and also threatened them that he would kill them. THErefore, these ladies returned to the village. Gayabai (P.W.3) narrated the incident before Waman who is the husband of Panchafulabai. Waman approached the Police Patil of the village and informed him about the incident. THE Police Patil (P. W.1) along with the Surpanch of the village visited the spot. THEy saw Dwarkabai lying dead near Mahadeo Temple. THEreafter, Police Patil went to the Police Station and lodged report. An offence was registered on the basis of the report lodged by the Police Patil vide Crime No. 57/97 under section302 of the Indian Penal Code against the accused. P. S. I. , Rathod (P.W.4) who conducted the investigation, sent two Police Constables to the spot to protect dead body. On the next day, the panchanama of occurrence was drawn. One axe which was found stained with blood was seen hanging on bush at some distance from the place where the dead body of Dwarkabai was lying. Police Officer has drawn the panchanama according to the circumstances. It is at Exh.40. THEreafter, he prepared inquest panchanama. At the time of drawing the inquest panchanama he noticed injuries on person of the deceased. Inquest panchanama is at Exh.4 1. THE dead body was sent to the Hospital for post-mortem examination. Dr. Minal (P. W.13) performed the post-mortem examination. On the next day of the incident also the accused was not traceable. He was arrested on10th April, 1997 at the residence of his relative at Village Dharan. In the meanwhile statements of the witnesses were recorded. THE clothes of deceased Dwarkabai were attached. THE axe and clothes were sent to the Chemical Analyser. After completion of the investigation, the accused was charge-sheeted for the aforesaid offence in the Court of the Judicial Magistrate, First Class, Pusad.