BABURAO RAVJI BANSODE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The accused Baburao Ravji Bansode preferred this appeal against the judgment and order dt. 30th June, 1981 passed by the learned Additional Sessions Judge, Sangli, in Sessions Case No. 30 of 1981 convicting him of the offence under S. 302, IPC and sentencing him to suffer imprisonment for life.

(2.) About four months before the date of the incident, that is, 25th September 1979, deceased Laxmibai and the accused got into marriage alliance by pat marriage. About two months after the marriage the relations of the accused and his wife got strained, as the wife insisted that they should leave the village Arawade and go to some city, to which the accused did not agree. Deceased Laxmibai on three or four occasions had left the house of the accused and went away. The accused made a search for her and brought her back. On 24th September, 1979 also deceased Laxmibai had left the house and had gone by Tasgaon Road. The accused went in search of her and brought her back. In the evening there was a quarrel between the husband and the wife, and the incident took place at the dawn on 25th September, 1979. The neighbour Mrs. Vaijanta Maruti Athavale (P.W. 4) heard some sound followed by the cry of the deceased from the hut of the accused, and, therefore, she went to the hut of the accused, and she found Laxmibai lying on a piece of gunny cloth and two stones stained with blood were lying near her and the accused was also sitting there. Vaijanta and Kashinath Bhimu Chandanshive (P.W. 5), who is also a neighbour of the accused, took out the accused from the hut. They, found Laxmibai unconscious. Other neighbours, Yeshwant Rama Bansode (P.W. 6) and Lakappa Lingappa Athavale (P.W. 8), also arrived there. Laxmibai was carried in the bullock cart of Vishwas Sopan Patil (P.W. 9) to the Primary Health Centre at Chinchani. On the way Keru Hari Tingage (P.W. 7), who had brought about the marriage of the accused and Laxmibai, met them. He also joined the party and went along with them to the Primary Health Centre at Chinchani.

(3.) At Chinchani Dr. Shivaji Lakhu Patil (P.W. 15), Medical Officer, Primary Health Centre, examined Laxmibai at about 10.30 a.m. and found her unconscious. He found one contused lacerated wound over left upper eyelid and a contusion over the left cheek and left temporal region, four inches in diameter. Dr. Patil instructed the parties to take Laxmibai to the Civil Hospital at Sangli. Accordingly she was taken in a taxi to the Civil Hospital, Sangli. The accused and others, who were accompaying Laxmibai to the Civil Hospital, gave out that Laxmibai fell down from the bullock cart while she was being taken to the Primary Health Centre at Chinchani and got injured. The information was conveyed to the police-station. Laxmibai succumbed to the injuries on 27th September 1979 at about 6.10 a.m. Dr. Gopal Narayan Jog (P.W. 16) carried out autopsy over the dead body on 28th September 1979 between 12-30 and 1.30 p.m. He found two external injuries, namely contused lacerated wound over right parietal posterior lip, 2 Cms. x 1 Cm., bone deep, and a small abrasion with swelling and discolouration on left cheek. In his opinion, the injuries were ante mortem and were caused by a hard and blunt substance. On opening the dead body, he found haematoma on right and left temporal region in the area of five inches diameter, curved verticle fracture of right temporal bone and curved verticle fracture of left temporal extending to mastoid downwards. On opening the skull, extensive haematoma in the subdural on left temporal parietal region was seen. Those internal injuries corresponded to external injuries Nos. 1 and 2. In the opinion of Dr. Jog, the blows must have been given with force and the patient must have become unconscious immediately after receiving the blows. In his opinion the death was due to shock and haemorrhage as a result of the injuries sustained by Laxmibai.