PARMESHWAR SOPAN GAIKWAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant has preferred this appeal against his conviction under section 302 I. P. C. and sentence of imprisonment for life and fine of Rs. 100/- and fifteen days R. I. in default imposed there under. The aforesaid order was passed by Shri V. L. Sawaleshwarkar, IIIrd Additional Sessions Judge, Thane on 9-9-1991 in Sessions Case No. 421 of 1990.

(2.) THE prosecution case in brief as unfolded from the recitals made in the First Information Report and in the deposition of the witnesses recorded in the trial Court, runs as under:--The informant P. W. 2 Balu Kamble is the younger brother of the deceased Mangala. According to the prosecution about 8 to 9 years prior to the date of incident the deceased Mangala had been married to the appellant. The evidence is that her house was situated at a distance of about 50 ft. from that of P. W. 2 Balu Kamble and his brother Bappa (P. W. 3) and their family members. According to the prosecution, appellant who was a drunkard in a drunken state used to often beat the deceased and also used to threaten her that he would throw her into the Khadan (ditch ). This information was given to P. W. 2 Balu Kamble by the deceased. On 1-6-1990 at about 7 p. m. when the informant returned from his work his younger brother Bappa Kamble (P. W. 3) came running and met him on the way to his house and informed him that the appellant was quarreling with Mangala pulling her hair and dragging her towards the Khadan. On receiving this information, P. W. 2 Balu and P. W. 3 Bappa went towards the house of the accused and while they were on the way they met one Manik Sambhaji Chandan Shive (P. W. 4 ). P. W. 4 Manik is alleged to have told them that Mangala had been thrown from the hillock, (the evidence is that the hillock is near the Khadan), into the Khadan by the appellant. After receiving this information the informant, his brother Bappa, his father and Manik P. W. 4 went towards the Khadan and on reaching there saw Mangala lying dead in it. She had injuries on her head and other parts of the body.

(3.) THEREAFTER the informant proceeded to Police Station Bhiwandi where he lodged the F. I. R. on the same day (1-6-1990 at 7. 30 p. m. ). On the basis of the F. I. R. a case, being Crime No. 134/90 under section 302 read with 34 I. P. C. was registered by P. W. 5 P. S. I. Shashikant Sitaram Choudhari of Police Station Bhiwandi. The F. I. R. is Exhibit 29.