SATWA WAKODE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant has challenged the judgement and order dated 30-12-1991 passed by the Additional Sessions Judge, Pusad in Sessions Case No. 111 of 1990 convicting him for the offence punishable under S. 302 of the Indian Penal Code and sentencing him to suffer life imprisonment and fine of Rs. 5,000/- i/d R. I. for one year for committing the murder of his wife Dhrupati.

(2.) THE facts of the case in brief are as under : the appellant-accused and his wife Dhrupati along with children were living in a hut at Arni, District Yavatmal. The parents of Dhrupati were also residing at Arni. The appellant was suspecting the character of his wife Dhrupati and on 26-3-1990 at about 6. 00 p. m. , he assaulted Dhrupati by means of spear head (Bhala), as a result of which. Dhrupati sustained bleeding injuries. PW 14 Mangala whose house is near to the house of the accused, came there and went to the police station to lodge her report (Exhibit 81 ). On the basis of the said report, offence under S. 307 of the Indian Penal Code was registered. PW 20 Shri Keshaorao Idole, P. S. I. along with his staff, reached the spot and noticed Dhrupati having bleeding injuries. He immediately shifted Dhrupati to the Primary Health Centre, Arni, where Head Constable (B. No. 66) Panjabrao recorded the dying declaration of Dhrupati (Exhibit 56 ). PW 8 Dr. Hanumansing Bais examined her and referred Dhrupati to the General Hospital, Yavatmal. PW 10 Dr. Smt. Rekha Mundhada admitted her in the hospital. She found the condition of the patient unsatisfactory. Hence she issued requisition (Exhibit 50) to the Police Station Officer, Yavatmal to make arrangements for recording of dying declaration. The Tahsildar and Executive Magistrate recorded the dying declaration of Dhrupati (Exhibit 48) on 26-3-1990 at about 11. 10 p. m. The accused was arrested on the same date. The blood stained clothes of the deceased were seized under Seizure Memo (Exhibit 16 ). P. S. I. Idhole prepared the spot panchanama (Exhibit 18 ). The blood stained clothes were found on the spot. The spear was recovered on the memorandum of the appellant accused. P. S. I. recorded the statements of the witnesses and has also taken the photographs of the spot of incident through PW 4 Anil Ingole the photographer Dhrupati was receiving treatment in the General Hospital, Yavatmal till 10-5-1990. She was discharged from the hospital on 10-5-1990 and PW 5 Chintaman Gorlewar, Police Constable, brought her Discharge Report in the police station. Thereafter, Dhrupati was residing in her house at Arni. She died on 1-6-1990 at Arni. Gram Panchayat, Arni issued the extract of Birth-Death Register (Exhibit 91) of Dhrupati and P. S. I. Idhole seized it. P. S. I. Idhole sent the weapon i. e. spear-head to Dr. Hanumansing Bais (PW 8) for examination and his opinion. After completion of the investigation, he sent the seized property for chemical analysis and filed charge sheet on 26-6-1990 under Ss. 302, 307, 498-A and 506 (2) of the Indian Penal Code on 31-8-1991. The accused pleaded not guilty and claimed to be tried.

(3.) THE prosecution has examined in all 20 prosecution witnesses. PW 7 Laxmi daughter of accused, PW 14 Mangala, PW 15 Parwatibai, PW 16 Nanda, PW 17 Ramkrishna and PW 18 Shamrao are examined as eye-witnesses. Almost all the witnesses have not supported the prosecution and therefore, they are cross-examined on behalf of the prosecution. Nothing more is elicited in the cross-examination except the contradictions in their previous statements. PW 1 Dattatraya Nalge is a Panch on seizure of petticoat and saree of Dhrupati (Exhibit 16) which was blood stained. PW 2 Ajay Rathod also acted as a Panch on spot Panchanama (Exhibit 18) and some articles seized from the spot. PW 3 Barkat Tagale is also a Panch on memorandum of accused and recovery of spear head. PW 4 Anil Ingole is the photographer who has taken the photographs of spot of incident and who has proved the photographs. PW 5 Chintaman is the police constable who produced the discharge report of Dhrupati in the police station (Exhibit 35 and Exhibit 36) and also carried the property to the Chemical Analyser. PW 6 Dadarao is a Talathi who has drawn the map of the spot of incident. PW 8 Dr. Hanumansing Bais has examined, Dhrupati in Public Health Centre, Arni and issued the injury certificate Exhibit 44. He has also examined the accused-appellant who had one abrasion over the right middle finger and issued Medical Certificate (Exhibit 45) in respect of the accused. PW 8 Dr. Hanumansing has examined Dhrupati and certified that there were lacerated wounds 12 in number (vide Exh. 41) on scalp right side, left thigh-left leg, forehead, left arm, nasal cavity, chest, abdomen, right index finger, left index finger, middle finger (left ). He has also proved the injury certificate of the accused Exhibit 45. PW 9 Govind Gatalewar, Naib Tahsildar and Executive Magistrate has proved the so-called dying declaration of Dhrupati (Exhibit 48 ). PW 12 Head constable Panjabrao has also proved the dying declaration of Dhrupati (Exhibit 56 ).