KHANDU PANDU JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant aggrieved by the judgment and order dated 18-7-1990 passed by the Additional Sessions Judge, Nashik in Sessions Case No. 77 of 1990, convicting and sentencing him to undergo imprisonment for life and to a pay fine of Rs. 100/- and in default of payment of fine, to further undergo one month R. I. under section 302 I. P. C. , for murdering his wife Sakhubai, has come up in appeal before us.

(2.) THE prosecution case in brief is that, on 31-1-1990, one Hiraman Pandu Waghmare P. W. 1 and Suresh Tukaram had taken their goats for grazing at about 4. 00 p. m. and while they were grazing them, they found a corpse of a women in Chormal nalla situate to the north of village Dhondmal. They narrated this to the Police Patil Gadhave, who has not been examined in the instant case. Police Patil went to the police station Peth and lodged a F. I. R. which was taken down by Head Constable Netawate. On this F. I. R. which was taken down by the Head Constable a case of accidental death No. 2 of 1990 was registered.

(3.) THE investigation of the case was taken over by Head Constable Thakare. He went to the place of incident. On 1-2-1990, he sent P. S. I. Rohidas Wamanrao Naik P. W. 6, information to the effect that he suspected something foul about the manner of death. Consequently, P. S. I. Naik went to village Dhondmal and prepared a spot panchanama. He also prepared the inquest panchanama Exh. 6. P. S. I. Naik sent a requisition to the doctor to come on the spot and conduct the autopsy on the dead body as the same was decomposed and was not in a condition to be sent to him. The dead body of the deceased was identified by one Shiubai Jamkar P. W. 3, who was a distant relation of the deceased. P. W. 6 Rohidas Wamanrao Naik on 1-2-1990 recorded statements of some witnesses and thereafter, became convinced that it was a case of murder. Consequently, he himself became complainant and lodged a report in the diary. That report is Exh. 18. He registered a case under section 302 I. P. C. on receipt of the post mortem report. On 2nd and 3rd February, 1990, he again recorded statement of some witnesses. The aforesaid statements are contained in the case diary. He took into possession clothes of the deceased and sent them along with the viscera to the Chemical Analyst. The reports of the Chemical Analysts are Exhs. 19 and 20. On 2-2-1990, he arrested the appellant. Subsequently, he submitted the charge sheet against the appellant.