KESHAV MAHARU SANGLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 1-8-1994 passed by learned Additional Sessions Judge, Nandurbar in sessions Case No. 100/92, whereby, the appellant has been convicted for the offence punishable under section 304 First Part of the Indian Penal Code and is sentenced to suffer R. I. for seven years and to pay fine of Rs. 1000/-, in default, to suffer R. I. for one month.

(2.) The prosecution story, in brief, is as follows -The appellant, original accused, is a police constable serving in the police department since 1978. He has been attached to Visarwadi police station since four years from the date of incident. He was married to Chayabai (deceased) in the year 1980. He has two sons and two daughters from the wedlock. It is stated that his wife deceased Chayabai did not behave well and did not care for the husband and the children. She used to quarrel with the appellant. It was for this reason that the deceased was left to live at Dondaicha with the mother of the appellant. The appellant had been to Dondaicha on 4-5-1992 in connection with a wedding. It was there that his mother persuaded him to take his wife and children with him. The appellant is said to have taken a room in the house of Ramjilal agrawal, examined as PW 3, on rent and brought his wife and children to stay with him on 24-5-1992 in the said house. It is stated by the prosecution that on 5-6-1992, after having meals, the appellant, his wife and children went to bed. On 6-6-1992, early morning at about 5 to 5. 30 a. m. , the appellant asked his wife deceased Chayabai to get up and collect the water from the tap. The wife replied that there was water in the tap until 7 O'clock and that she will fill the water later. The appellant insisted that she should collect the water early. Deceased chayabai, wife of the appellant, not only did not listen to the husband but uttered insulting words and refused to budge. The appellant got enraged and he assaulted his wife with dagger (sura). Thereafter, he left the house and went to Visarwadi police station with blood stained dagger to lodge report. Head Constable annasaheb Borse (PW 6) , who was present in the police station, took down the report of the appellant. The blood stained dagger (sura) , produced by the accused, was attached in presence of panchas vide panchanama - Exhibit 7. On the basis of this F. I. R. , which was given by the appellant himself, offence was registered and P. S. I. Jayram Shinde (PW 12) visited the house of the accused and recorded inquest panchanama. Exhibit 8, at 9 a. m. Spot panchanama was recorded by him and blood stained carpet (Satranji) , blood stained earth, etc. were collected from the spot and empty water pot was also found. Dead body was sent for post mortem. Post mortem notes are on record at Exhibit 41. Statements of witnesses were recorded. After completion of the investigation, charge sheet came to be filed. The accused came to be tried for the offence punishable under section 302 of the Indian Penal Code.

(3.) Before learned trial Judge, the appellant accused abjured the guilt. In his statement under the provisions of section 313 of the Code of Criminal Procedure, in reply to questions No. 13, 14, 16, 20 and 21, he admitted to have produced dagger (sura) which was attached vide Exhibit 7. In reply to question No. 16, he admitted that he was supposed to be on duty at police station, Visarwadi between 20. 00 hrs. of 5-5-1992 and 8 hrs. of 6-5-1992. But he did not attend the duty. He stated that he was not aware of the duty, that he was not keeping well and he was in the house on that night. He admitted his signature on the F. I. R.- Exhibit 20.