SANTOSH KANTILAL MUTHA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellant is convicted of the offence punishable under Sec.302 of the Penal Code for having committed murder of his wife Jayshree. He is sentenced to suffer imprisonment for life and to pay fine of Rupees 10,000/- i/d to suffer R. I. for two years by Additional Sessions Judge, Ahmednagar. Aggrieved by this order or conviction and sentence, the appellant has filed present appeal.

(2.) Before entering into the merits we may notice few relevant facts. Jayashree (deceased) married the appellant, a native of Ghodnadi (Shirur), in the year 1996. The appellant had rented house of Sahebrao Avad (PW.8) at Nagar. Sahebrao has a brick kiln near his house. The couple lived in the rented house for some period. Sister of the appellant had rented another block from the house of Sahebrao and was residing there. Sarika aged 8 years is born within the wedlock. The couple lived together for about two years. Thereafter, there was an estrangement between the spouses and deceased started living with her father at Pathardi. The appellant was living at Ghodnadi. During the period of estrangement appellant used to purchase clothes etc. for his wife and daughter. On 11th March, 2004 appellant had come to Ahmednagar. He sent message to his wife for coming there for purchase of clothes and for a movie. The deceased, thus, left Pathardi at about 11.00 a. m. At about 3.15 p. m. she came to the house of her sister Sangeeta (P. W.4) at Nagar with Sarika. Appellant also came to the house of Sangeeta. From there the couple went to the house of appellant's sister. While they were returning from the house of appellants sister, near the brick kiln, appellant suddenly inflicted injuries on the neck of his wife, threatened Sarika and asked her to run away. Sarika went to the house of her maternal aunt and narrated the incident to her. Sahebrao had also witnessed the incident from the brick kiln. On receipt of the information Sangeeta came to the scene of occurrence. She found appellant standing there with an axe in his hand. When she asked appellant about the reason for the assault, the appellant ran away. Sahebrao saw the appellant throwing axe in the well while leaving the scene of the occurrence. After departure of appellant; Sangeeta shifted her sister to Anand Rishiji Hospital and conveyed the information to her father Fulchand Gatagat (P W.6 ). On his arrival Fulchand lodged report (Ex.38) with Kotwali Police Station. On the basis of this report offence came to be registered against the accused.

(3.) At the hospital Doctor Popat Bhandari (P. W.7) examined the deceased on 11th March, 2004. He found the deceased gasping for breath. She had sustained three injuries on the thyroid region of the neck. The injuries were (i) CLW 4" x 1/2"; (ii) CLW 2" x 1/2" (iii) CLW 2" x 1/2". All the injuries were muscle deep. The doctor diagnosed fracture of right matic arch and maxillary sinus (Ex.40 ). The deceased was then shifted to Dinanath Mangeshkar Hospital at Pune on 13th March, 2004 and was again admitted to Anand Hospital, Nagar on 8th May, 2004 and was there till she expired on 24th June, 2004.