VASANT DAGADU BODAKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant aggrieved by the judgement and order dated 4-9-1993 passed by the Sessions Judge, Nasik in Sessions Case No. 105 of 1993 convicting and sentencing him to undergo imprisonment for life under section 302 of the Indian Penal Code has come up in appeal before us. The appellant is the husband of the deceased Mandabai Vasant Bodake.

(2.) THE prosecution case in brief is that on 10-1-1993 at about 4. 30 to 4. 45 p. m. there was a quarrel between the appellant and the deceased on the eastern side of Sarkarwada Police Station, within the limits of Nasik District. It is alleged that during the course of quarrel, the appellant picked up a stone which was lying on the ground and hurled it at the deceased Mandabai who fell down on receiving the aforesaid stone blow. Blood started oozing out from the region of head of Mandabai. Anubai Kanhu Korade (P. W. 5) who was along with the appellant and Mandabai at the time of the incident along with Dattu Kanod and others took Mandabai to the dispensary of Dr. Ramesh D. Waswani (P. W. 1 ). However, Dr. Waswani asked them to take Mandabai to the Civil Hospital, Nasik. Immediately Mandabai was taken to Civil Hospital, Nasik. She was medically examined there. However, the doctor who medically examined her has not been produced by the prosecution. On 11-1-1993 at about 3. 00 p. m. she succumbed to her solitary injury there.

(3.) ON 11-1-1993 at about 10. 15 p. m. Gopinath Bhikaji Hiwale (P. W. 3) went to Sarkarwada Police Station where he lodged his F. I. R. On the basis of the F. I. R. Crime No. 18 of 1993 under section 302 I. P. C. was registered at Sarkarwada Police Station.