DNYANESHWAR MARU KOLI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant and his mother - Jaibai Mara Koli were prosecuted for committing murder of Chindhabai (wife of the appellant). Jaibai expired during the course of the trial, hence prosecution against her abated. Learned 2nd Additional Sessions Judge, Jalgaon convicted the appellant for offences punishable under sections 302 and 498-A of the Indian Penal code the short "ipc"). For the first offences, he was sentenced to suffer imprisonment for life and to pay a fine of Rs. 2000/-, in default to suffer ri for one month whereas for the second offence, appellant was sentenced to suffer RI for three years and to pay a fine of Rs. 1,000/- in default to suffer RI for one month.

(2.) Prosecution case stated, in brief, is that appellant-Dnyaneshwar is native of mhaskabad (Khurd). He married Chindhabai (deceased) in the year 1982. They had one son and three daughters, Shashikala (PW 3) aged about eight years, is the eldest. About three years prior to the incident, after the death of appellant's father, the appellant separated from his brothers chudaman and Sanjay and started living separately with his mother Jaibai (original accused No. 2) , wife Chindhabai and children. Since 24th August, 1993 appellant started working as a Watchman with Crop Protection society, Mhaskabad. However, as he was addicted to liquor and was squandering money, the family was always facing a financial crisis. Whenever, Chindhabai visited her father namdeo Koli (PW 1) , cousin brother Anil Koli (PW 2) and other relatives, she used to complain that her husband ill-treats and assaults her, under the influences of liquor.

(3.) On 16th November, 1993 the appellant did not report for duty. At about 6. 30, in the evening, appellant come to the house in the state of intoxication and started abusing his wife Shashikala, therefore, got frightened and left the house in search of her younger brother. Neighbours, including Vijayabai (PW 4) also heard appellant shouting and abusing his wife. They saw the appellant going out from the house after the quarrel. By that time, Shashikala returned to the house. She found that her father had gone out and her mother was lying on the cot. On realizing that her mother has expired, shashikala started weeping. On getting news regarding death of Chindhabai, Police Patil of the village went to the house of appellant at about 7. 00 p. m. He saw ligature marks around the neck of the deceased and reported the death to Savda police Station. On the basis of this report (Exh. 45) , ASI Ramesh Wagh (PW 9) registered a. D. No. 23/1993. API Ukhadu Gadhari (PW 10) , then took over the investigation. On reaching the spot, he recorded complaint of namdeo Koli (PW 1) and sent it to the Police station for registration of the offence. The investigating Officer, then, held inquest on the dead body, prepared Panchanama of the Inquest (Exh. 24) and sent the dead body to Savda municipal Dispensary for post-mortem. Dr. Vijay Gade (PW 8) performed the post-mortem on 17-11-1993. Apart from two parallel ligature marks around the neck, the Medical Officer found that the subcutaneous tissues under the ligature marks were ecchymosed, carotid arteries were injured. He further noticed completely depressed fracture of thyroid bone, fracture of laryngeal cartilages and tracheal rings. Having regard to the nature of the ligature marks and the force required for the strangulation of this nature, the Medical Officer rule out possibility of suicide. He recorded result of the examination in post-mortem report (Exh. 40) and certified the cause of death to be "asphyxia due to strangulation".