MAHADEO PUNDLIKRAO KHANDALKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this appeal, challenge is to the judgment and order dtd. 12/9/2008 passed by the learned 2ndAdditional Sessions Judge, Amravati, whereby the learned Judge convicted the appellant for the offence punishable under Sec. 304, part II of the Indian Penal Code (for short, 'the I.P.C.') and sentenced him to suffer rigorous imprisonment for 10 years and to pay a fine of Rs.1,000.00, in default of payment of fine to suffer further rigorous imprisonment for one month.

(2.) Pandurang Aglave, PW-2, is the informant. The case of the prosecution, which can be unfolded from his report and other materials, is that the deceased Archana was his elder daughter. Her marriage with one Deepak was solemnized in the year 1994. From the said Deepak, Archana had a daughter by name Darshana and son Devesh. After dissolution of the marriage of Archana with Deepak, her second marriage was solemnized with the appellant/accused. Archana and her two children were residing with the appellant at Amravati.

(3.) The incident in question occurred on 10/11/2007. The appellant suspected the fidelity of Archana and on that count, she was ill-treated by the appellant. On 10/11/2007, the informant received a message from Daryapur Police Station that Archana was critically ill and she was admitted in General Hospital, Amravati. The informant reached the hospital at about 7.00 p.m. He came to know that Archana had died. The informant met his grand children Darshana and Devesh. The informant came to know from the children of the deceased about occurrence of the incident of merciless beating of their mother by the appellant. The informant learnt that the appellant beat the deceased by means of a rolling pin (belan) and a leather belt as he suspected her character. On account of the merciless beating by the appellant, the deceased became unconscious. The children further informed PW-2 that thereafter the appellant latched the door of the house from outside. The children raised the hue and cry as the deceased did not regain consciousness, despite their efforts to wake her up. The daughter of the landlord Ku. Amruta Pinjarkar @ Sonu (PW-3), heard the cries of the children and opened the door of the house. Thereafter, the information of the occurrence of the incident was given to the police by dialing number 100. The police arrived at the spot and carried the deceased Archana to General Hospital, Amravati. However, the doctor declared her dead. The informant, on the basis of the disclosure of the incident by children, went to the police station and lodged the report against the appellant. The crime bearing No. 129/2008 was registered against the appellant.