DAMU BABAN KHARAT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment and order dated 1. 2. 2000 passed by the Addl. Sessions Judge, Pune in Sessions Case No. 143 of 1999 wherein he was convicted for offence punishable under Sec. 302 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.

(2.) THE facts giving rise to the present case in brief, are thus deceased Sunita was wife of the accused. Their marriage had taken place about six years prior to the incident. She had two daughters out of the said wedlock, namely, Sujata and Archana aged about 5 and 3 years respectively. At the time of the incident. Deceased Sunita was residing with her husband and daughter initially at village Ghatghar. However, about 3-4 months prior to the incident, deceased Sunita and accused had come in search of job to village Aavli-Fata-Otur. They were residing in the house of Sunitas grand-parents separately in the Padvi and were doing labour work. About one month prior to the incident her mother Shakuntala Salvi has also come to reside at Aavli-Fata to meet her parents and her daughter Sunita. On 1. 6. 1991 Sunita informed her mother that when she had gone out, her husband had taken away the cash amount and six golden beads from the house without informing her. On that count on 2. 6. 1991 at about 11. 00 p. m. when accused returned to the house, Sunita started quarrelling with him. She refused to serve him dinner until he returns her cash amount and six golden beads. Accused started abusing and threatening her. Sunitas mother and her cousin brother Bhaskar heard the scream of Sunita stating that she was about to die and therefore they rushed there. They found Sunita was lying in the house having sustained stab injuries on her forehead, near ear and eyebrows etc. The blood was oozing from those wounds. The accused was about to run away holding knife in his hand. Witness Bhaskar tried to chase and catch him but taking advantage of the darkness, the accused ran away in the direction of the stream. Thereafter, both Bhaskar and Sunitas mother made enquiry with Sunita and she told them that accused had assaulted her with knife. It was late in the night and no vehicle was available and, therefore, Sunita was taken to Primary Health Centre at Otur early in the morning at 6. 00 a. m. on 3. 6. 1991. The doctor found her unconscious and directed to move to the Sasoon Hospital at Pune. In the meanwhile, her mother Shakuntala lodged police complaint at Otur Police Station which was registered at CR. No. 48 of 1991 against the accused. The investigation commenced, in which course, spot panchnama was made and blood stained clothes of Sunita were seized. The accused was remained untraceable. Sunita succumbed to the injuries in Sasoon Hospital on 7. 6. 1991. Inquest panchnama was made and body was sent for autopsy. Evidence was converted into murder against the accused. Attempts were made to trace the accused but he remained elusive and hence charge sheet was filed against him in the Court of J. M. F. C. , Junnar. On 16. 1. 1999 the accused came to be arrested and the learned Magistrate committed the case to the Sessions Court at Pune.

(3.) THE learned Sessions Judge framed charge against the accused for the impugned offence of murder to which he pleaded not guilty. Evidence of the accused was that of total denial of any criminal liability. According to the accused, his wife got injured when she fell near the stream when she had gone to fetch water and thus he had nothing to do with any assault. The prosecution led its evidence at length on which basis the learned Trial judge came to the conclusion that the evidence on record was sufficient to bring home the guilt against the accused and proceeded to convict and sentence him in the aforesaid manner. Hence the appeal.