SUDHAKAR DATTARAM YEDNIK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this appeal the accused challenges his conviction and sentence under Section 302 of the Indian Penal Code, by the Additional Sessions Judge, Sindhudurga.

(2.) The story of the prosecution is that, the appellant in the present appeal, who was accused No.1 before the Sessions Court, was married to the victim Vishakha on 27.5.2001. He and his brother, accused No.2 were rikshaw drivers. Vishakha had complained to her relatives about the ill-treatment meted out to her by the appellant and his brother. She had gone to stay with her parents and had returned a few days prior to the incident. On 18.1.2004 at about 1.45 pm, the appellant and his relatives had brought Vishakha to hospital for the treatment. On examination, the medical officer on duty declared her dead and he accordingly intimated the police. An inquest panchanama was drawn at about 7.00 am. The autopsy was conducted at 1.00 pm. On the basis of the doctor s report that the death was homicidal, the appellant and his brother who was arraigned as accused No.2 were arrested. By the impugned judgment, accused No.2 has been acquitted, while accused No.1, the present appellant, has been convicted under Section 302 of the Indian Penal Code.

(3.) The prosecution has relied on four witnesses to prove its case against the accused. The accused has examined one witness in support of their case. The medical officer who was examined as PW-1, conducted the post-mortem examination on the dead body. According to this doctor, there was well marked rigor mortis on the whole body. Besides, a ligature mark on the neck of the deceased, there were other injuries indicating the signs of a struggle. According to the doctor, these injuries are not found in the case of a suicidal death due to strangulation. The doctor has opined that the victim died a homicidal death. The article used to strangulate the deceased is an "odhani". The doctor has also, while conducting the post-mortem examination, found that the stomach contained food particles which indicated that the last meal had been partaken three hours prior to her death.