BALU Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Being aggrieved by the Judgment and Order dated 22nd December, 2011 passed by Sessions Judge, Chandrapur, in Sessions Case No. 64 of 2010, convicting the appellant accused Balu Domaji Petkar and sentencing him for offences under Sections:-

(2.) The case of the prosecution, in brief, is that the complainant Smt. Soni wife of appellant with two sons and one daughter was residing at Mitra Nagar Ward No.3, Chandrapur. Appellant was not doing any job, while Soni was shouldering entire burden of family by doing labour work. Added to all this, appellant used to suspect her chastity and used to assault her. A year before the incident, he had mercilessly beaten her due to his suspicion and her parents tried to convince him and as such again he started residing together.

(3.) On 15th April, 2010, Soni had left for labour work at about 11.00 a.m., while appellant Balu and the children were at the house. She came back to the house at about 7.00 p.m., after making purchases of green vegetables etc., from market; but she was welcomed by the appellant Balu with filthy abuses and assault on her again by suspecting her character. On 16th April, 2010 at 11.00, as usual, Soni went to Revenue Colony for cleaning utensils and clothes for earning livelihood where she met her aunt Shalu Dhanraj Dhorki and requested her to accompany Soni to her house. Accordingly, Shalu accompanied and stayed with her. Again at about 9.00 p.m., appellant picked up a quarrel with Soni and raised suspicion that Soni had mixed poison in his food. On 17th April, 2010, at about 7.00 a.m., Soni went to fetch water from hand pump while her aunt Shalu was cleaning utensils near her house. Her daughter Komal had gone to Gadchiroli two days prior to the incident. The accused was in the house with his two sons. She heard shouts of her sons and entered the house with Shalu to find that the appellant was assaulting both of his sons by means of a sickle, and Kunal, the younger son, was bleeding from neck, while Manav was also having a bleeding injury on the neck. They went to rescue the children, but the accused assaulted Soni by means of a sickle due to which, she suffered injuries on left ribs and thumb of right hand. The neighbours gathered and caught the accused.