BABURAO GANGARAM CHAVAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE Appellant has been charged for having murdered one Shantabai Baburao Chavan on 26.12.1999. He has been found guilty of the offence by the Additional Sessions Judge, Karad and convicted under section 302 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for life. He has also been directed to pay fine of Rs.5,000.00.

(2.) ACCORDING to the prosecution, the victim was the mistress or the second wife of the appellant. They were residing together. The appellant suspected that the victim was stealing money from the sale proceeds of the milk of the buffaloes owned by the appellant. The prosecution has claimed that the appellant and the deceased had an altercation on 26.12.1999 about 11.30 in the morning when the appellant had assaulted Shantabai with the fist blows and kicks, resulting in her death. It is the case of the prosecution that some persons from the village had witnessed this quarrel between the two. The body of the victim was found near a stream behind Janai temple in the village on 27.12.1999. The prosecution initially lodged an ADR on 27.12.1999. The appellant was arrested after the complaint was lodged with the police.

(3.) PW 4 is the Doctor who conducted the postmortem on the deceased. He has described the nature of injuries sustained by the victim. In the opinion of this witness the death was caused due haemorrhagic shock on account of right hemothorax with bilateral fracture of ribs. This witness has stated that the fracture of the 10th, 11th and 12th ribs on the right side and the 10th and 11th rib on the left side are fatal injuries. This witness who conducted the postmortem on 27.12.1999, has estimated that the death occurred approximately 24 to 48 hours before the post-mortem examination. This witness has conceded that if a person fell on her ribs while passing through a stream then the injuries described at serial Nos.2 to 6 in the postmortem report are possible. These injuries are minor injuries. The witness has stated that the injuries described at serial Nos.7 and 8 could have been caused with a hard blunt object and are fatal.