LAXMANDAS MANGALDAS MANIKPURI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant/accused in sessions Case No. 130 of 1991 of the Court of 2nd additional Sessions Judge, Chandrapur, stands convicted for the offence punishable under section 302 of the Indian Penal Code. The learned additional Sessions Judge sentenced him to undergo rigorous imprisonment for life and pay a fine of rs. 1000/-, in default to suffer rigorous imprisonment for one year. Aggrieved by the said conviction and sentence, the accused has come up in appeal.

(2.) ACCUSED Laxmandas, brother of D. W. 3 khilawandas came along with his wife Subhadra from kertha Bazar, Tahsil Daundi Lohara, District Durg (MP ). At the relevant time, accused along with his wife Subhadra was residing at Gopalpuri, chandrapur. D. W. 3 Khilawandas, his younger brother, also came with him to Chandrapur for work. On 10-1-1991 at about 11. 30 p. m. when subhadra was asleep, accused attacked her with dagger and on that when the blade of dagger broke, he took out axe (Article-1) and hit her on several parts of the body. The prosecution alleges that after causing injuries to Subhadra, accused proceeded to Police Station. He verified with P. W 13 Anandrao as to the location of the Police station and on reaching the Police Station, he tendered exhibit 38, First Information Report before P. W. 17 Dhanraj, Police Sub-Inspector. After recording the said statement, P. W. 17 registered a crime against the accused under section 307 of the Indian Penal Code. He seized the axe which was produced by accused himself and also seized his clothes. Then he proceeded to the scene of offence and removed injured Subhadra to hospital where she succumbed to the injuries. Thereafter the offence was altered from section 307 of the Indian Penal Code to section 302 of the code. After completing investigation, P. W. 17 dhanraj laid charge before the Court against the accused.

(3.) ON committal of the case, the learned sessions Judge framed charge against the accused under section 302 to which accused pleaded not guilty. Thereupon the prosecution produced 17 witnesses and also material objects and the relevant documents in support of the prosecution case. Accused was duly questioned under section 313, Criminal Procedure Code by the learned sessions Judge, after the closing of the prosecution evidence. Accused examined defence witnesses.