KISHAN BHIMAJI JAGADALE Vs. SATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant aggrieved by the judgment and order dated 10th February 1982 passed by the Additional Session Judge, Satara in Sessions Case No.78 of 1982 convicting and sentencing him to undergo imprisonment for life under section 302 IPC and to two years RI under section 436 IPC, the sentences to run concurrently, has come up in appeal before us.

(2.) BRIEFLY stated the prosecution case runs as under:- The deceased Ratnabai was the wife of the appellant. She along with the appellant, her daughter aged about 3 months, another daughter aged about 12 years and her son Sachin, at the time of the incident was residing in a farm house at Kolan. It is said that the appellant was having illicit relationship with one Shantabai who lived in the same locality and desperately wanted to marry her. Hence according to the prosecution he murdered Ratnabai. On 28-2-1982 the appellant hired one cycle at Wai from the shop of Ashok Shiddu Kudalkar PW 4. On the said cycle at about 12.30 in the noon he came to his hut. At that time the deceased was there. He parked the cycle outside the hut and thereafter distributed Jilebies to his children Jayashri and Sachin. At that time Ratnabai was cooking food inside the hut. It is also alleged that he offered Jilebies to her but she refused. Thereafter it is said that the appellant assaulted Ratnabai with a very heavy sharp cutting instrument (sickle) and imputed her right leg above the ankle and right arm above the wrist. It is also said that the appellant assaulted Ratnabai on her abdomen. Thereafter he set fire to the hut but brought out his minor baby aged four months from inside it. It is also said that Ratnabai screamed 'Aai ga mele' (Oh mother, I am dead). Upon hearing the shrieks of Ratnabai the neighbours including PW 6 Subhadra, PW 7 Mangala and PW 11 Tanubai came. They noticed that Ratnabai was completely burnt.

(3.) AN FIR was lodged by Keshav brother of the deceased Ratnabai on 28-2-1982 at police station Wai. In the said FIR Keshav has mentioned that on 28-2-1982 when he had gone to his field for tilling, he met his sister-in-law Nalini who informed him that Jiji is dead. On that information Keshav, his father and brother came to the house (Keshav's house) and thereafter they came to Ratnabai's place at Kolan. They found her shade had been burnt in the court-yard. From the neighbours they learnt that Ratnabai had died in her shade on 28-2-1982. On the basis of FIR PSI Dinkar Bhosale PW 13 registered a case of accidental death and directed constable Waman Sakate PW 3 to make enquiry and submit a report to him.