LAWS(BOM)-1994-6-29

LALYA DHARMA KHADKYA Vs. STATE OF MAHARASHTRA

Decided On June 16, 1994
LALYA DHARMA KHADKYA Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) THE appellant feeling aggrieved by his conviction under section 302 I. P. C. and sentence of life imprisonment and a fine of Rs. 100/- and 7 days in default of payment of fine vide, judgement and order dated 18-5-1991, passed by the IIIrd Additional Sessions Judge, Thane in Sessions Case No. 24/1990, has preferred the present appeal.

(2.) THE prosecution case in brief as contained in the F. I. R. and the statement of P. W. 3 Soniabai Lalya Khadkya recorded in the Trial Court, runs as under:-The appellant is the husband of P. W. 3 Soniabai Lalya Khadkya. They have three sons and one daughter. One of the sons was Viju aged 6 years, the deceased in the present case. According to Sonibai, the appellant used to consume liquor, ill treat her and physically assault her. On 4-12-1989, at about 10 P. M. the appellant after consuming liquor is alleged to have entered the house and started assaulting her. According to the prosecution, the appellant suspected that his wife P. W. 3 Sonibai Khadkya was having illicit relations with one Chintya of his village. Seeing the appellant assaulting Sonibai, the deceased Viju who is alleged to have been eating dinner, at the aforesaid time, told the appellant that he should not assault his mother. This is alleged to have infuriarated the appellant who is said to have picked up a stone which was lying nearby and hurled it twice or thrice at Viju resulting in injuries on Vijus person, to which he instantaneously succumed. Thereafter, P. W. 3 Sonibai Lalya Khadkya is said to have gone to Barkya Dharma Khadkya (Krishna) P. W. 1 her neighbour and narrated to him the incident. Barkya Dharma Khadkya on receiving the aforesaid information came to Sonibais house. It is alleged that the appellant had thrown the corpse of the deceased in the courtyard and the same was brought inside the house by P. W. 1. Bharkya and P. W. 3 Sonibai. Thereafter, P. W. 3 Sonibai went to the Sarpanch and Patil and next morning P. W. 1 Barkya Khadkya along with the Sarpanch and others went to police station, Kasa where at 7. 30 a. m. he is alleged to have lodged the FIR. The disatance between the place of the incident and the aforesaid police station is said to be about 15 miles.

(3.) AT police station, Kasa, on the basis of P. W. 1 Barkya Khadkyas FIR, a case under section 302 I. P. C. read with some other sections was registered by P. S. I. Baba Abbas Patel, P. W. 9, against the appellant. After registering the case, P. W. 9 Baba Patel at about 8. 30 to 8. 45 p. m. , the same day left for the place of the incident. There he found the corpse of the deceased lying in side the house and prepared the inquest report. He seized the underwear of the deceased and the sari with which his corpse had been covered. Same day i. e. , 5-12-1989 he arrested the appellant. He is also alleged to have recovered the stone with which the deceased is alleged to have been done to death and the blood- stained earth from the place of incident. The clothes of the appellant were also taken into possession by him. The recovered articles were sent to the Chemical Analyst.