VIJAY BHAGVAN JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Feeling aggrieved by the judgment and order of conviction for offence punishable under Section 302 of I. P. C. and sentence of life imprisonment with fine of rs. 500/- delivered by the Sessions Judge, aurangabad on 20-7-1999 in Sessions Case no; 232/98, the appellant has preferred this appeal.

(2.) The conspectus of the prosecution case, in brief, is as under : the appellant was married to Anusaya, cousin sister of deceased Bhagwan Navagire. The deceased was married to sister of the appellant named, Sangita. Sangita died due to burn injuries. Prosecution was launched against the deceased Bhagwan and others in a Court in Buldhana District for offence punishable under Sections 304b, 498a r. w. 34 of I. P. C. Anusaya, wife of the appellant, who was cousin of the deceased Bhagwan, thereafter started staying with her parents.

(3.) It is alleged that deceased Bhagwan was to remarry on 21st April, 1998. The appellant Vijay Jadhav had threatened bhagwan that if he remarries, he would kill him. It is alleged that on 9-4-1998, Bhagwan had gone to his relations in nearby villages for inviting them to attend his marriage scheduled on 21st April, 1998. He was returning home on 10th April, 1998. He was proceeding to his village from Fardapur on foot through the field of one Moin Abbas at about 6 p. m. The appellant, who was already waiting for Bhagwan, pounced on him. The deceased tried to run away but, the appellant overpowered him and stabbed him on his abdominal region with a knife. The prosecution witnesses Moin Abbas and Majid khan rushed to the spot. They tried to catch the appellant but, could not be successful. P. W. 2 Moin Abbas brought the deceased to police outpost Fardapur. Police thereafter took the deceased to Civil Hospital, Jalgaon where he was provided with necessary medical treatment. Bhagwan succumbed to the injuries on 12-4-1998. The Investigating officer performed inquest panchanama and sent the dead body for post mortem examination. Spot panchanama was conducted from where the police seized two knives. At the instance of the appellant, the police recovered his clothes, which he had kept at the house of his aunt at village Kasbe sukane, Tq. Niphad, District Nashik. The articles seized by police during investigation, which were of incriminating nature, were sent for chemical analysis. Sample of blood of appellant was also taken. The post mortem report is at Exh. 41. Memorandum panchanama is at Exh. 36. Seizure panchanama is at Exh. 37 and the clothes of the appellant are Articles No. 1 to 4. After completion of the investigation, the police filed charge sheet in the Court of J. M. F. C. , sillod. The case was committed for sessions trial.