VITTHAL SHANKAR DOMBE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant, who stands convicted for an offence punishable under Section 302 and 498-A of the Indian Penal Code and sentenced to imprisonment for life and to pay fine of Rs. 1,000/- in default to undergo S.I. for 6 months and R.I. for 2 years and to pay fine of Rs. 1,000/- in default to undergo S.I. For 6 months, with a direction that the substantive sentences shall run concurrently, by the Sessions Judge, Satara by Judgment dated 10.9.2008, in Sessions Case No. 63 of 2007, by this Appeal questions the correctness of his conviction and sentence. Facts as are necessary for the decision of this Appeal may briefly be stated thus.

(2.) Postmortem on the dead body of deceased Asharani was conducted by PW-1 Dr. Jathar. PW-1 Dr. Jathar noticed the ligature mark on the neck which was incomplete. He did not notice any oozing from the mouth, ear or nostril. It was upto the ear lobule on both side. It was a depressed wound. The skin over the mark was invariably dry and hard. The base of mark appear pale while edges shows small abrasions. The mark was found to be situated around the middle of the neck. There was bruising of skin over ligature mark and ecchymosed was present. No other injuries were present. The Medical Officer also noticed fracture of the thyroid cartilage on palpation. He therefore opined that the injuries were ante-mortem and further opined that cause of death was asphyxial death probably due to strangulation. The postmortem report is at Exhibit 12.

(3.) On the case being committed to the Court of Sessions, Trial Court framed charge against the Appellant for offence punishable under Section 302 and 498-A of the Indian Penal Code. The Appellant denied his guilt and claimed to be tried. Prosecution in support of its case examined 11 witnesses while the accused in his defence examined 2 witnesses. The defence of the Appellant was that deceased Asharani had committed suicide.