STATE OF MAHARASHTRA Vs. GOURISHANKAR KAWADU SHENDE

JUDGEMENT

(1.) THIS is an application under section 439 of the Criminal procedure code by state praying that the sentences of imprisonment for life imposed on accused Gourishankar be altered to sentence of death.

(2.) THE accused was married to the deceased some time in 1950, and the families of both, resided in Pul-file at Wardha after marriage, the deceased lived with the accused till about the beginning, of 1964, during which period, she gave birth to four children. The eldest amongst them is aged about eleven years, and the youngest is about three years old. The prosecution case is that the accuser's financial circumstances deteriorated by about 1963, and he began to suggest to housewife that she should earn money by immoral means. In other words, the suggestion made by the accused was that the she should sell herself for money and provide the means of livelihood for the family. The prosecution case further is that the deceased was unwilling to do so and, ultimately, by about March, 1964, she left the house of her husband along with her four children and comet reside with her brother sadhum who lived across the street. During the period from March to June 1964, the accused used to pay visits to sadhu's house and see his wife.

(3.) WHILE this was happening, one Nana (P. W. 2) recent recruit to the police constabulary, ran to the rescue of Anusuya and caught hold of the accused from behind. The accused, however gave a push with the elbow and Nana fell back. Nana again attempted to rescuer Anusuya but ultimately, he fell down, feeling a little giddy. While this was happening Kesheo [p. W. 5]the police constable on duty in the Bazar, come there running and caught hold of the hand of the accused which held the knife. He then whistled, and two other police constables, including Narayan [p. W. 6] came there. Kesheo [p. W. 5] hand over the accused to Narayna [p. W. 6] and one other constable, so that the should and no escape. It was then discovered that Anusuya has died. The dead body of Anusuya was therefore sent to the hospital, and upon post marten, a number of injuries were founds on her body, particularly the abdomen. The accused was arrested during the course of investigation, and after the investigation was complete he was sent up for trial and the Magistrate committed him to the court of session. Accused denied the charge.