RAMPRASAD RAMCHANDRA SHELEKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE Additional Sessions Judge, Amravati on the strength of testimony of P. W. 2 Kalu coupled with medical evidence tendered by P. W. 6 Dr. Deshmukh, recorded the finding of conviction for the offence punishable under Sections 302 and 498a of the Indian Penal Code against the appellant/accused for having assaulted his wife Saraswatibai on 21. 9. 1986 at village Chutiya, Police Station Dharni, resulting in her death. While questioning the correctness of the finding of conviction, Mr. Daga mainly submitted that P. W. 2 Kalu could not be a reliable witness. He was not ordinary resident of village Chutiya. His presence at the relevant time in the village itself was accidental. The Additional Sessions Judge has committed an error in accepting his testimony.

(2.) HAVING regard to the ground as raised, we have examined the testimony of P. W. 2 Kalu. He is a fisherman and used to frequently visit village of accused for selling fishes. Accused was his regular customer. On the day of incident, at about 10 a. m. , he visited the house of accused when he saw accused was assaulting Saraswatibai with the aid of Article-I (stick ). In cross-examination the only omission brought is as regards the injury mark on the various parts of the body. His testimony otherwise remained intact.

(3.) THIS witness could not, be treated as a chance witness as he was a regular visitor to the village of appellant/accused. Moreover, he has intervened at the time of incident and question7d the accused. This aspect of the testimony was not seriously questioned in cross-examination. As such, the learned Additional Sessions Judge was justified in accepting the testimony to record the finding of conviction.