SHARAD GAJANAN GODSE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE present Appeal arises from the Judgment and Order dated 29th August 1989 passed in Sessions Case No.157 of 1989 by the Additional Sessions Judge, Pune, whereby the Appellant has been convicted for the charge of offence under Section 302 of the Indian Penal Code and sentenced to suffer R. I. for life.

(2.) THE case of the prosecution in brief is that some time in June 1988 the Appellant alongwith his wife the deceased Malti came to reside in a house of Anuradha Khaladkar P. W. 7 as a tenant thereof. About 10/15 days prior to the date of incident i. e. on 25-10-1988, the deceased Malti had left the house of the accused and therefore, the accused had lodged a missing report (which is at Exhibit 49) at Deccan Gymkhana Police Station, Pune. On 15-11-1988, the accused brought the deceased Malti to his house in a rickshaw at about 3 or 3.30 p. m. and on entering the house, they started quarreling. THE accused thereafter closed the door of the house and started beating his wife. THEreupon Malti started shouting for help. Hearing the shouts of Malti, the said Anuradha-P. W. 7 and one of their neighbour by name Nikam knocked the door of the said house and asked the accused to open the same. However, the accused did not open the door. THErefore, Anuradha and said Nikam approached the brother-in-law of Anuradha and accompanied by her brother-in-law Chandrahas-P. W. 6 approached Alankar Police Chowki and informed about the quarrel that was going on between the deceased Malti and her husband i. e. the accused and the fact regarding the shouts by Malti. THE Police head Constable Dnyneshwar Sonawane took note of the information in the Khabri Register and deputed police constables, Shaikh, Dolas and Gaikawad to go to the spot and to look into the matter. THEreupon the said the police constables along with Chandrahas-P. W. 6, Anuradha-P. W. 7 and the said Nikam reached the spot. At that time they saw that the accused was standing at the door with bloodstained clothes. On looking inside the house, they also saw that Malti was lying in pool of blood and having injuries on her face and forehead. THEy also noticed a stick (Art. 5) lying near her body having blood stains on the same. Teeth (Art. 7), broken bangle pieces, (Art. 6) broken Mangalsutra (Art. 8), some papers containing matters relating to divorce (Art. 9), a note-book (Art. 10), carpet (Art. 11) and ball pen (Art. 12) were also found lying in the room. Police therefore took the accused in their custody and thereafter, recorded panchanama of scene of offence and seized the various articles and also seized from the accused the blood stained clothes which he was wearing and arrested the accused. Prior to that P. W. 6 registered his complaint regarding the offence committed by the accused wherein he narrated the incident. Pursuant to the subsequent investigation carried out by P. S. I. Mohite, it was found that the blood of Mrs. Malti was of "o" group and the bloodstains on the clothes of the accused as well as those on the stick (Article 5) were also of "o" group. THE accused thereupon was chargesheeted for the offence punishable under Section 302 of the Indian Penal Code. THE trial Court after recording the evidence held that the chain of circumstances brought on record by the prosecution establish guilt of the accused in commission of the offence alleged against him and further also observed upon considering the medical evidence, the death of Malti was caused by the accused by inflicting multiple injuries on her face and forehead with the stick (Art. 5.)

(3.) UPON hearing the learned Advocates for the parties and upon perusing the materials on record, it is seen that on the date of incident i. e. 15-11-1988, the accused brought his wife to the said house at about 3 or 3.30 p. m. and as soon as they reached the house, they started quarreling and it was followed by the closing of the door of the house by the accused and shouts for help by the deceased Malti. The evidence on record shows that attempt on the part of Anuradha-P. W. 7 and one neighbour Nikam to convince the accuse to open the door did not yield any result and the shouts of Malti for help continued. Evidence also discloses that when Anuradha returned along with Chandrahas P. W. 6 and Police constables, the accused was found standing in the door of the house having blood stains on the clothes which he was wearing at that time. It is also on record that on the said occasion the said witness noticed that Malti was lying in a pool of blood having injuries on her face and forehead and a bambu stick with stains of blood was lying by the side of her body. The evidence shows that carpet on which Malti was lying was with full of blood stains. The witnesses have stated that various household utensils were found ransacked and the clothes lying scattered in the room. The Chemical examination has established that the blood group of the deceased Malti was "o" group and that of the bloodstains on the clothes which the deceased was found wearing at the relevant time was also of "o" group. The bloodstains on the stick art. 5 were also found to be of 'o' group. The evidence also discloses that at the relevant time, apart from the accused and deceased Malti, there was no other person present along with them in the said house. The evidence further discloses that the deceased Malti was accused of having illicit affairs with one Aktar and the accused himself had lodged a missing report of Malti with Vishrambagwada Police station at Pune on 25-10-1988. The post-mortem report shows that there were about 19 external injuries and about 10 internal injuries. Dr. Milind Wable-P. W. 4 has described the injuries as under : 2.I found the following external injuries. 1. Lacerated wound on 1ff. Side at scalp over occipital area starting just behind left ear, margin red size 6 cm. x 2 cm. bone deep, surrounding area contused. 2.Lacerated wound on right side of scalp over occipital area 8 cm. behind the ear, size 4 x 2 cms. bone deep margines red. 3.Lacerated wound 11/2 cms. above injury No.2 of this report 5 cms. x 11/2 cms. margines red. 4.Lacerated wound on right side of scalp, starting from occipital protuberance running laterally size 51/2 cm x 1 cm. 5.Lacerated wound right side of scalp 3 cm. lateral to midline and 10 cm. above eye brow, size 5cm. x 4 cm. margins in regular and red. 6.Lacerated wound on right side of scalp, starting from midline and 7 cm. above right eye brow, size 41/2 x 31/2 cm. bonedeep, 7.Lacerated wound on forehead in midline, just above the eye brows, size 41/2 cm. x 9 cm. margins irregular frontal bone show depressed fracture of size 3 cm. x 2 cm. 8.Lacerated wound on left eye brow size 7 cm. x 2 cm. extending over bridge of nose. Bridge of nose and roof of left arbit show depressed fracture. Eyeball crushed. 9.Two small abrasions on right cheek just below eye 1 x 1/2 cm. each. 10.Lacerated wound on left side of cheek 11/2 cm. below Lt. eye 41/2 x 1 cm. 11.Lacerated verticle wound starting from angle of nose, extending upto upper lip in midline 10 cm x 21/2 cm. cartilages of nasal septum fractured. 12.Lacerated wound at angle of mouth 2 cm. long on right side. 13.Contusion on neck on antirior side of neck 4 cm. x 3 cm. redish in colour. 14.Multiple abrasions and contusion, left hand dorsal side. 15.Linear contusion on chest in midline 3" above ambilicus size 12 cm. x 2 cms. Horizontal. 16.Linear contusion on back on left side 6 cm. below left angle of scapule. 10 cm. x 2 cm. horizontal. 17.Fracture, maxilla right side, depressed fracture just above upper lip size 1 cm. x 2 cm. sockets on front broken. 18.Fracture mandible in midline at symphysin menli, depressed fracture 1 cm. x 1 cm. front alveolar sockets broken. 19.Both maxillary, sinuser fractured. All the above injuries were ante mortem. 3.On internal examination I found the following injuries : 1. Haemotama under scalp over left side all over the skull. 2.Linear fracture of right parietal bone 3 cm. lateral to saggeital suture, standing 1 cm. below coronal suture, 10 cm. long. 3.Fracture ethmoid, sphenoid and frontal bone. 4.Dura matter over right frontal lobe lacerated. 5.Subdural and subarachnoid haemorrhage all over the brain. 6.Brain matter was pale on cut section. 7.Laceration of frontal lobe right side. 4.The internal injuries were corresponding to external injuries, There were other internal injuries as follows :- 8.Sucal cavity contained blood, upper 3 and lower two teeth fallen. 9.Oesophagus filled with blood. 10.Stomach contained about 600 ml. of blood stained fluid. "