SHIVAJI GANPAT SUTAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The 6th Additional Sessions Judge, Satara has convicted and sentenced the accused under Section 302 of the Indian Penal Code for having murdered his wife Tarubai on 17.2.2002. The accused has, therefore, preferred the present appeal impugning the judgment and order of the Sessions Judge.

(2.) Briefly stated the case of the prosecution is that, the accused and Tarubai were married 25 years before the incident in which Tarubai was killed. They were living with Tarubai s mother. The accused was working as a carpenter. According to the prosecution, on 17.2.2002, the accused and the victim s mother Malan went to sleep in the courtyard at about 10.00 pm. The accused and the victim quarrelled at about 11.30 pm. Malan woke up and found the accused beating Tarubai. She pacified the accused and tried to settle the dispute between them. The accused entered into the house, brought out an iron rod and assaulted Tarubai on her head and face with it. Malan shouted out and her neighbours rushed there. She told them that the accused had beaten Tarubai. The accused was taken to the police patil. Thereafter the victim was driven to the dispensary for medical aid. However, she had to be taken to the Civil Hospital, Satara as the required medical treatment was not available in the dispensary. Tarubai succumbed to her injuries at about 8.25 am on 18.2.2002. The F.I.R. was lodged by her mother that day, after which the accused was arrested. He was charged under Section 302 of the Indian Penal Code. Before the Sessions Court, the accused denied having committed any offence and claimed to be tried. The Sessions Judge has convicted and sentenced the accused under Section 302 of the Indian Penal Code.

(3.) The prosecution has relied on 6 witnesses to prove the charge against the accused. PW-1 is the mother of the victim, PW-2 is the doctor who treated her at the Civil Hospital and who also performed the post-mortem examination. PW Nos. 3 and 4 are panch witnesses who have proved recovery of the clothes of the accused and the spot panchanama, respectively. PW-5 is a neighbour of PW-1 who rushed to the spot on hearing the cries of PW-1. PW-6 is the investigating officer.