LAWS(BOM)-2016-11-105

JAGDISH KOTHU GAJBHIYE Vs. STATE OF MAHARASHTRA

Decided On November 16, 2016
Jagdish Kothu Gajbhiye Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) This is an appeal preferred against the judgment and order dated 10th September 2014 delivered in Sessions Trial No. 67 of 2012 by the Sessions Judge, Bhandara, thereby convicting and sentencing the appellant for an offence punishable under Section 302 of the Indian Penal Code.

(2.) The appellant has been accused of intentionally killing his wife, deceased Kantabai in the morning of 20.6.2012 in his house situated at village Bhosa, Tahsil Mohadi, District Bhandara. It is the case of the prosecution that the appellant used to reside in one house along with his wife, deceased Kantabai, married son Atul and Ashwini (Atul's wife). It appears that there were some differences between the appellant and his deceased wife Kantabai although no motive for killing of Kantabai has been specifically alleged by the prosecution. It so happened that when Atul, son of the appellant, was sleeping in one room in which his wife Ashwini, their child and deceased Kantabai were also sleeping the previous night, at about 06.00 am of 20.6.2012 heard some clinking noise which is generally generated when kitchen utensils fall on the ground. Atul immediately got up and went outside his room to see what was the cause of noise. He then saw that his mother was lying on the floor of the kitchen with utensils lying scattered there. He also saw that his father was engaged in beating his mother. Pouncing upon his father, Atul caught the appellant by his waist and dragged him to the courtyard of the house, which was just adjacent to the kitchen. Thereafter Atul went to see his mother only to find that she had sustained several bleeding injuries and was in unconscious state. Calling his brother Jaigopal and his wife, both of whom were residing in a nearby house, he put his mother in an autorickshaw so as to take her to a hospital. However, Kantabai died on her way to hospital in the autorickshaw itself and, therefore, she was brought back to the house and her dead body was placed on the ground in the courtyard. Police were informed of the incident who took down the oral report of Atul, registering a crime against the appellant. Usual panchanamas were drawn out and statements of witnesses were recorded. Appellant was arrested from the house of Police Patil (PW 3 Uttam). After completion of the investigation, a chargesheet was filed against the appellant. The case being triable exclusively by the Sessions Court, it was committed to the Sessions Court and the appellant was prosecuted for an offence of murder punishable under Section 302 of the Indian Penal Code.

(3.) On merits of the case, the learned Sessions Judge found that the death of Kantabai was homicidal in nature and it was intentionally caused by the appellant and, therefore, the learned Sessions Judge held the appellant as guilty of offence of murder punishable under Section 302 of the Indian Penal Code. The learned Sessions Judge convicted and sentenced him to suffer life imprisonment and also to pay a fine of Rs. 1000/, with default sentence of rigorous imprisonment for a period of one month by the judgment and order dated 10 th September 2014. Not being satisfied with the same, the appellant has preferred the present appeal.