SHANKAR MALYA PAWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant, Shankar Malya Pawar, who is accused in Sessions Case No. 597 of 1992, in the file of II Addl. Sessions Judge, Thane, seeks to impugn the judgment and order passed against him, by the learned II Addl. Sessions Judge, Thane, wherein he was convicted for a offence under section 302 of the Indian Penal Code (IPC) and sentenced to suffer imprison-ment for life and to pay a fine of Rs. 1000/- in default to suffer further rigorous imprisonment for six months. The deceased is none other than his wife.

(2.) ACCORDING to the prosecution, P.W. 1, Anusaya Nau Mukane, is a close resident of the accused and the deceased, Ejibai. On 15-7-1992 at about 4.15 hours the aforesaid P.W. 1 Anusaya went to the Police Station and reported that when she went to the house of Ejibai at 7.00 a.m. on that day, Ejibai, wife of the accused, was found dead. The blood was oozing from her body, her mouth and nose. There were some marks on Ejibai's hands and legs about assault by stick and she was lying on one side. P.W. 1, Anusaya, noticed that Ejibai was in dead condition. She put saree on her person and went to the Police Station to report the matter. She told the police that on the previous day i.e. on 14th July, 1992, she returned to her house in the evening after her work was over. She was alone at home as her husband Mau Mukane had gone to Wada, which is the place of their daughter. At about 8.00 p.m. Ejibai (deceased), who is her brother's daughter, came to P.W. 1's house and invited her for dinner. Then P.W.1 Anusaya accompanied the deceased Ejibai and went to her house. The accused, Shankar, was at that time in the house and he had brought chicken and the non-veg was kept for cooking. Though Shankar offered P.W.1 Anusaya liquor, she did not take. However, Shankar, and Ejibai had consumed liquor. Thalis were prepared. At that time quarrel took place between the accused and his wife, Ejibai, and on some of the reasons accused started beating Ejibai. Anusaya, P.W. 1 tried to separate them from quarrel. She also stated that she was there at about 12 hours in the midnight, but at that time also the quarrel was going on and the accused Shankar was assaulting Ejibai.

(3.) THE accused denied the offence. Except P.W. 1 and P.W. 5 all other witnesses turned hostile including the panch witnesses. Therefore, the Lower Court solely on the basis of the circumstantial evidence sustained the conviction of the accused.