BHAUSAHEB ALIAS BABU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) APPELLANT-ORIGINAL accused has preferred the present Criminal Appeal against the judgment and sentence passed by Shri J. A. Shaikh, first Additional Sessions Judge, Beed, in S. C. No. 168/1995, convicting the appellant under Section 304 (1) of I. P. C. and is sentenced to undergo rigorous imprisonment for three years and to pay fine of Rs. 1,000/-, in default to suffer rigorous imprisonment for three months on 27-2-1996. Learned First Additional Sessions Judge, Beed (hereinafter referred to as the learned Judge) has acquitted the appellant under Section 302 of I. P. C. Usual set off is given to the appellant under Section 428 of Cr. P. C.

(2.) IN short, the case of the prosecution is that the appellant was then working as a Lineman in M. S. E. B. Department and was posted at Arvee. He had erected a hut in his agricultural land and it is situated at a distance of about 1 km. from village Arvee. Vatsalabai is the first wife of the appellant while Sindhubai (deceased) was his second wife. Vatsalabai has one daughter and two sons while Sindhubai has one daughter by name Kirti who was then aged about one and half year. It is the case of the prosecution that the appellant was accustomed to consume liquor. Some time on 7-6-1995, there was marriage ceremony of Vatsalas brother and hence she, along with children, had gone to her parents place in the same village. Appellant and deceased Sindhubai used to reside in the house situate in their agricultural land.

(3.) ON 10-6-1995, quarrel took place between the appellant and deceased Sindubai at their house situated in the field. The accused got enraged lost his temper and he took an axe and assaulted on Sindhubais head as a result of which she died instantaneously. Appellants son, by name Pandurang, was in the field and was giving water to the farm. He saw the quarrel between the appellant and Sindhubai and he further saw the incident in question and immediately went to the residence of Police Patil Goverdhan Mayekar (PW No. 1), at Arvee, and informed the incident. At the same time, Dadasaheb, who is brother of Vatsalabai, also came to know about the incident from Goverdhan Mayekar and that the Police Patil had gone to the place of incident along with some people. In the meantime, PW No. 1 Goverdhan Mayekar went to the place of incident and saw that Sindhubais dead body was lying in the hut in kitchen room and that blood was oozing from the head injury. Thereafter, he went to Police Station, Shirur, and lodged a report. Immediately, within next two hours, P. S. I. , Shirur, came there. He prepared the inquest. He also noticed that the appellant was lying nearby in injured condition. His bloodstained clothes were attached and he was interrogated. Sindhubais dead body was sent for post mortem examination and similarly the appellant was also sent to the hospital for medical treatment. When the appellant was undergoing treatment, Special Judicial Magistrate was called for recording his confession. It appears that Special Judicial Magistrate recorded his confession.