HARIOMDAS GOVINDDAS BAINADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By way of this appeal, the appellant Hariomdas Govinddas Bainade i.e. the original sole accused, is challenging his conviction recorded by the learned Additional Sessions Judge, Aurangabad (hereinafter referred to as, "learned trial Judge") for the offences punishable under Ss. 302 and 309 of the Indian Penal Code ("I.P.C." for short) in Sessions Case No. 26 of 2018, under judgment and order dtd. 6/11/2019. Learned trial Judge has convicted the appellant for the offence punishable under Sec. 302 of I.P.C. and sentenced him to undergo imprisonment of life and to pay fine of Rs.1,000.00 i/d to suffer rigorous imprisonment for six months. The appellant is also convicted for the offence punishable under Sec. 309 of I.P.C. whereby he is sentenced to undergo rigorous imprisonment for two months and to pay fine of Rs.500.00, i/d to suffer rigorous imprisonment for three months.

(2.) According to prosecution case, one Gendabai Laxman Pawar i.e. PW-2 lodged report with Harsul Police Station on 5/10/2017 alleging that she was residing in rented premises at Marutinagar, Mayur Park, Harsool, Aurangabad. Her younger daughter Kalpana got married with appellant/accused in the year 2004 and gave birth to two daughters and one son. Kalpana was residing with the appellant and children in a rented premises of one Bakal i.e. PW-7 at Marutinagar, Mayurpark. Appellant/accused was Mason by profession, whereas Kalpana was Sweeper in Sai Hospital. Appellant/accused used to suspect about chastity of his wife. On that count he used to beat Kalpana frequently.

(3.) In the intervening night of 4/10/2017 and 5/10/2017 at about 2.00 a.m. informant Gendabai received telephonic call from her grand daughter Netal i.e. daughter of Kalpana and Netal told her that the appellant hit hammer on the head of Kalpana and also tried to cut his own throat by means of marble cutter machine. Netal further informed that blood was oozing from the head injury of Kalpana and injury sustained by the appellant. After receiving such information, Gendabai immediately rushed to the spot of incident where she saw her daughter Kalpana and son-in-law i.e. the appellant/accused lying in injured condition on the bed. On making enquiry with Netal, she told that on 4/10/2017 at about 6.00 p.m. appellant returned home by finishing his work. At the relevant time, Kalpana told the appellant that she was to attend certain work by visiting Hedgewar Hospital in early morning at about 6.00 a.m. On this count appellant got angry and quarreled with Kalpana. He made telephonic call to his brother and told him that Kalpana had destroyed his matrimonial relations and he did not want to live. Appellant then without having meal, went to sleep. However, during the night Netal heard shout of victim, and therefore, she, her sister and brother woke up from the sleep. The quarrel between Kalpana and appellant was going on and appellant was holding iron hammer in his hand. Appellant told Netal to keep her mouth shut. Blood was oozing from the mouth, nose and head of Kalpana. Thereafter appellant took marble cutting machine and made an attempt to cut his throat. Eventually some part of throat of the appellant was cut in that attempt. Meanwhile a call was received from police on the mobile handset possessed by Netal and the informant Gendabai went near Maruti temple and brought police to the spot of incident. Police then immediately shifted the victim and appellant to Ghati Hospital by calling ambulance. However, Gendabai then learnt that her daughter Kalpana died in Ghati Hospital.