DATTATRAYA DAGADU KUDALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal by a convict, who has been sentenced to suffer imprisonment for life and rigorous imprisonment for 5 years with fine for having murdered his wife and having given false information to police, seeks to challenge the judgment delivered by the learned Additional Sessions Judge, pune, in Sessions Case No. 349 of 1993 before him.

(2.) Facts which led to the prosecution of the appellant are as under :- victim Sharda was daughter of one Jotiba Bapu Jadhav. She was initially married to one Kisan Shelar, who divorced her. On 2nd June, 1986, she married the appellant-Dattatraya Kudale, who was residing at Kudale Vasti near Jejuri with his brother Baban Dagadu Kudale and mother. The victim had no issue of this marriage. The victim started suffering ill-treatment on this count. The appellant also started expressing a suspicion about her character. For about a month and half before the incident, the victim was staying with her parents. Since, during this period, the appellant wrote letters questioning victim's stay with parents, on 28th March, 1993, the victim's father took her to matrimonial home. The appellant was found sitting in a shop at Jejuri where the appellant told victim's father that he did not want victim at matrimonial home. One of appellant's friends took out key of house from the pocket of the appellant and gave it to victim Sharda asking her to go home. Accordingly, Sharda entered the matrimonial home and her father returned to his own house.

(3.) According to the prosecution, appellant's brother Baban held the victim and appellant inflicted blows by chisel on the victim, killing her. In the night between 29th and 30th March, 1993, one Khaire came and informed Jotiba that his daughter had died. He and his relatives rushed to the house of accused and found his daughter dead with an injury on her head. The accused had given report to police stating that his wife fell down and sustained injuries, as a result of which, she died. Police came to the spot and drew out a panchanama. Jouba handed over letters written by the appellant to police. Police arrested the accused and interrogated him. The accused agreed to produce kopari and iron chisel used in commission of offence. These articles were accordingly seized. The police recorded statement of the witnesses, sent the seized property to Forensic Science laboratory and on completion of investigation, sent the charge sheet to the learned Judicial Magistrate. First Class, Saswad, who committed the case to the court of Sessions, on finding that the accused was involved in an offence triable exclusively by the Court of Session. Along with the appellant, his brother Baban dagadu Kudale was also chargesheeted by police.