BALABAI DINKAR SHEREKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal by the original accused-appellant is directed against the order of conviction and sentence passed by the Additional Sessions Judge, Karad on 13th September, 2000. By the impugned order the learned Judge convicted the appellant under section 302 of the Indian Penal Code and sentenced him to suffer R. I for life and to pay a fine of rs. 5000. He also ordered that in default of payment of fine, the appellant should suffer five months S. I. This order is questioned by the original accused- appellant before us on several grounds mentioned in the memo of appeal as also canvassed by the learned advocate appearing on behalf of the appellant-accused.

(2.) With the assistance of the learned counsel for the accused and the learned Additional Public Prosecutor, we have perused the record, scrutinised the material therein and have carefully reappreciated the evidence on record. The prosecution story, as disclosed by this reappreciation stated briefly is that the deceased Dinkar Krishna sherekar was the husband of the accused Balabai Dinkar sherekar. Their marriage was as usual and they had a son of about 19 years of age, who at the relevant was 13 years of age. On 26th March, 2000, police patil of the village Sabalewadi and Shejawalwadi lodged a complaint before the police around 7 a. m. in the morning. At that time he was informed by the Sarpanch that Dinkar krishna Sherekar has been murdered in his own house. He, therefore, accompanied them to the house of Dinkar krishna Sherekar and saw the dead body of Dinkar lying on the cot. There was big wound on his neck which was bleeding and an axe was lying under his hand. Inquiries were made and the police patil mentioned the present appellant as the suspect in the complaint. Investigation into the unnatural death was undertaken. Statements were recorded, evidence was collected and ultimately the appellant was chargesheeted under section 302 of I. P. C. For causing intentional death of her husband.

(3.) The prosecution has examined 10 witnesses to prove its case in addition to the recovery of articles, which have been duly proved. The oral evidence consists 10 witnesses including the panch, who proved certain seizures effected by the police during the course of investigation. The documentary evidence proved certain reports of Chemical Analyser, who was requested to analyse the blood stains found on various clothes and articles. On appreciation of all this evidence that the learned trial Judge came to the conclusion of guilt as aforesaid.