SHAHAJI TATOBA DHANDORE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Appeal is directed against the judgment and order dated 7th September 1992 delivered by the Addl. Sessions Judge, Solapur convicting the appellant who was the accused in the said case of an offence punishable under section 307 of the IPC, and sentencing him to suffer RI for 10 years, and to pay a fine of Rs. 4,000/- in default to suffer RI for 6(six) months. The Appeal has been appearing on board for final hearing since quite some time. On several occasions, nobody had appeared for the appellant and in order to secure the presence of the appellant, a bailable warrant was ordered to be issued on atleast two occasions. The appellant thereafter remained present before this Court, got the warrants cancelled, and assured to remain present before the Court. Mr. R.R. Galange, Advocate appeared for him and he also assured that he would remain present before the Court at the time of final hearing of the Appeal. It also appears that thereafter, the appellant and his Advocate stated before the Court that the appellant had been residing with the victim i.e. his wife and apparently, it was suggested that the dispute between the parties had been settled. This statement was, however, found to be incorrect, or atleast could not be substantiated. The appellant and his counsel then started remaining absent again.

(2.) Under these circumstances, the Appeal is being decided after examining the record of the case, after going through the entire evidence and the impugned judgment, and after hearing the Addl. Public Prosecutor.

(3.) The appellant is alleged to have assaulted his own wife Nandabai (PW 6) by a chisel The blows were given on the back, forehead and abdomen of Nandabai. The injuries caused to Nandabai were severe and the coils of the intestine came out from the wound on the abdomen. Nandabai was lying unconscious outside her house. Her father Mahadev Kamble (PW5) learnt about the incident, came there and saw her lying outside her house. He took her to hospital. Mahadev Kamble lodged a report with the police which was treated as the First Information Report, and the case in respect of an offence punishable under section 307 of the IPC was registered against the appellant.