APPARAO BAHADURRAO GHUGE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This criminal appeal takes exception to the judgment dated 3/12/2012 passed by the learned Additional Sessions Judge, Washim in Sessions Trial Case No.62/2011 thereby convicting appellant/ accused for the offences punishable under Sections 498-A and 302 of Indian Penal Code and sentencing him to suffer rigorous imprisonment for two years and to pay fine of Rs.1000/-, and in default, to suffer simple imprisonment for three months for the offence punishable under Section 498-A of Indian Penal Code and to undergo life imprisonment and to pay fine of Rs.5000/- and in default, to suffer simple imprisonment for six months for the offence punishable under Section 302 of Indian Penal Code.

(2.) Briefly, it is the case of prosecution that accused was married to deceased Manda about 28 years prior to incident and they were having two sons, namely, Nitin and Akshay and daughter P.W.4 Manisha. At the time of incident, accused was working as Canal Inspector while his daughter P.W.4 Manisha was serving as Lady Police Constable. P.W.1 Eknath is brother of deceased Manda. It is the case of prosecution that on 6/2/2011 P.W.1 Eknath had invited accused and his family members for lunch. P.W.2 Bhaskar was one of the invitees and had accordingly reached the house of P.W.1 Eknath. On seeing Bhaskar, accused indulged into quarrel saying as to how and why he was there. When deceased Manda tried to convince, accused gave 2-3 slaps to her saying that she was having illicit relations with Bhaskar. After having meals, in the evening at about 5.30 o'clock, accused along with wife Manda and son Akshay, aged about 12 years, proceeded back on motor-cycle. However, on the way, accused stopped his vehicle near the hutment area situated in front of Police residential quarters at Washim and beat Manda mercilessly and instead of going home, accused along with Manda and Akshay went to his field situated at Raja-Kinhi Shiwar.

(3.) During the course of investigation, inquest panchanama upon the dead body of Manda was drawn vide Exh. 42 in the presence of panchas. Akshay took the Investigating Officer to the spot wherefrom 15-16 blood stained stones of different sizes along with one black hair pin came to be seized under panchanama. Akshay further disclosed that after committing assault on Manda at that spot, accused took her, accompanied by him, on his motor-cycle to his farm house. Accordingly, motor-cycle also came to be seized, which was found having blood stains on its regzine sheet and steel side-guard. It was further disclosed by Akshay that accused brought Manda to their house from their farm house in auto-rickshaw, which was also seized and accused came to be arrested on the same day at 3.15 p.m. His clothes having blood stains along with clothes of Akshay were seized. Clothes of deceased Manda also came to be seized. Blood sample of accused and that of deceased Manda came to be collected. Post mortem report of deceased Manda was received as per Exh. 62 on record. Akshay as well as accused were referred for their medical examination.