MANGALDAS LAXMAN KUDAV Vs. STATE

JUDGEMENT

(1.) The appellant was tried on a charge that on 5.10.2003 at about 11.00 hours at Thakurwada, Arambol, Pernem having committed trespass into the paddy field namely "Jiromangalbag" of Shri Ravji Tukaram Kudav with intent to assault Smt. Dwarki Ravji Kudav and assaulted the said Smt. Dwarki Ravji Kudav with koita and wooden danda cuasing her death and thereby committed offences punishable under Sections 447 and 302 of Indian Penal Code.

(2.) The learned Sessions Judge found the appellant guilty on both the counts and sentenced him to undergo imprisonment for life and to pay a fine of Rs.5000.00 and in default to undergo simple imprisonment for six months. On being convicted for having committed offence under Sec. 302 I.P.C., and for having committed offence under Sec. 447 I.P.C., sentenced him to undergo Simple Imprisonment for six months. The appellant was also given set off. It is this Judgment and Order of conviction which is challenged in this appeal.

(3.) It is the case of the prosecution that the deceased Smt. Dwarki was the wife of the cousin of the appellant/accused who is the complainant i.e. Ravji Tukaram Kudav (PW.2). On the fateful day i.e. on 5.10.2003 at about 11.00 hours, the deceased Smt. Dwarki along with three labourers Radhabai Takur (PW.3), Basavraj Naikar (PW.10) and Hussein Misrikote (PW.20) had gone to the paddy field "Jiromangalbag" situated at Thakurwada, Arambol for the purpose of harvesting it. The appellant/accused came to the paddy field and assaulted the victim by means of koita and danda, due to which she collapsed on the ground. Basavraj and Hussein informed the said incident to the husband of Smt. Dwarki i.e. Shri Ravji Tukaram Kudav (PW.2) who immediately rushed to the spot and noticed the appellant/accused standing near his wife with koita and danda in his hand and his wife was lying on the ground with injuries on her and who left the place on seeing them and went towards the hillside. The complainant with the help of others took his injured wife to the Primary Health Centre at Pernem in a Marutin Van of one Sanjay Naik. At the Primary Health Centre Smt. Dwarki was declared dead. Therefore Ravji Kudav went to Pernem Police Station and lodged the report (Exh.12) against the accused. On receiving the report, the Police registered offence under Crime No.113/03 against the appellant/accused for having committed offences under Sections 447 and 302 I.P.C. P.I. Pandharinath Mepari also received certificate from the Medical Officer, Community Health Centre that Dwarki, aged 52 years was brought dead to the hospital. P.I. Mepari (P.W.26) reported the matter to his superiors and deputed police at the scene of offence with instructions to preserve the scene of offence. He also deputed a team of police officers for tracing the appellant/accused and visited the Community Health Centre, Pernem and in the presence of panchas prepared the inquest panchanama (Exh. 9). He also summoned the photographer to take photographs of the dead body which were tendered in evidence as Exh.23 Colly. From there he visited the scene of offence at Thakurwada, Arambol and prepared the spot panchanama and rough sketch (Exh.22 colly.) and seized a pair of chappals (MO.7) of the deceased, blue colour towel of the deceased (MO.8) and other articles under the panchanama and also got the scene of occurrence photograph by the photographer from Ganesh Photo Studio. In the course of the investigation, he recorded the statement of Hussein Misrikote, Mestri Koti and Basav Raj Yellapa Naikar.