GHANSHYAM Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS Criminal Appeal is filed by the Appellant [original accused], challenging the Judgment and Order dated 25.11.2011 passed by the learned Additional Sessions Judge -1, Nanded in Sessions Case No. 217 of 2007, thereby convicting the appellant for the offence punishable under Section 302 of Indian Penal Code for the murder of Gayabai and Sunita and sentenced to suffer life imprisonment, which shall not be less than 28 years of actual jail sentence, meaning that the accused should remain in jail for minimum 28 years and to pay a fine of Rs. 1000/ -, in default to suffer another one year.

(2.) THE accused is the husband of deceased Sunita and son -in -law of deceased Gayabai and complainant Dinkar Kandhare. The complainant Dinkar Kandhare lodged the report on 13.09.2007. The marriage of accused and deceased Sunita solemnized five years prior to the incident. As the accused was not having any child from his first wife, he married with Sunita, with the consent of first wife. After 1 1/2 years of the marriage, accused started suspecting the chastity of wife and on that ground, he used to beat her and ill -treat her. The fact of suspecting the character and ill -treatment was narrated by deceased to the father. In April, 2007, accused beat the wife, suspecting her chastity, at that time deceased Sunita came to the house of parents and since then she was residing at parent's house. On 04.09.2007, deceased Gayabai was hospitalized in Government Hospital for the operation of eye. Deceased Sunita used to remain with mother in Hospital.

(3.) AFTER some time of incident, the father lodged the report, offence was registered. Investigation Officer rushed to the spot and prepared the spot panchanama. From the spot, one blood stained axe, pair of slipper, one knife, and pieces of bangles were seized. Around 3.30 p.m. accused was arrested, thereafter his blood stained clothes were seized. After the death of Gayabai and Sunita, inquest panchnamas were prepared and bodies were sent to the post mortem. Post mortem reports were procured. The cause of death of Gayabai was 'due to the cardio respiratory failure due to head injury with intra cerebral bleeding'. The death of deceased Sunita was caused due to the hypo volmic shock due to the liver injury and bleeding due to the stab. The clothes of Sunita and Gayabai were also seized.