BABASAHEB THOMBRE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant is found guilty of committing murder of his wife Sanjivani on 20th April 2004, by Additional Sessions Judge, Majalgaon. He is convicted for committing offence punishable under Section 302 of the Indian Penal Code and is sentenced to suffer imprisonment for life. This order of conviction and sentence dated 31st August 2005 is impugned in the present appeal.

(2.) Appellant married Sanjiwani (deceased) in the year 1987. Vijay (aged 18 years), Ashwini (aged 14 years) and Vinod (aged 11 years) were born within the wedlock. The appellant was serving in Police Department and was living in Police Colony at Jalna. He was addicted to liquor and was in the habit of assaulting his wife and suspecting her chastity. On 19th April 2004, appellant stopped at the parental house of the Sanjivani at Chinchwan with his wife and children on route to his native place Wadmawali Dahiphal. Sanjivani had spoken of her visit to her sister Ashrabai (P. W. 2) on telephone from Jalna; thus Ashrabai had come to Chinchwan with her husband Vitthal. Sanjiwani 's brother Vishnu Ramkisan Tambade (P. W. 1), who is practising medicine at Dindrud, had also come to Chinchwan for domestic work with his wife Manisha. In the evening Sanjivani acquainted her brother and sisters that her husband is subjecting her to beating and suspects her chastity. After the evening meals, appellant slept on the cot in the western room. Vishnu slept on the floor near the cot, Sanjivani, Ashrabai and Vinod slept on the carpet. Others were sleeping in the eastern room. At about 1.00 o 'clock in the night Vishnu and other members of the family awoke on hearing cries of Sanjivani for help. They saw that Sanjivani had suffered bleeding injuries on head and face. The appellant was about to inflict another blow on the deceased with axe saying that he wants to kill Sanjivani. Vishnu snatched axe from the hands of the appellant and bandaged injuries of Sanjivani to stop the bleeding. Sanjivani was then taken to Vithai hospital. After giving first aid the doctor advised Vishnu to take the patient to Civil Hospital at Beed, as the injuries were serious. At the Civil Hospital Sanjivani was declared dead at about 3.25 a.m. The medical officer conveyed information about the death of Sanjivani to the Incharge of the Hospital Chowky (Ex. 46). On receipt of this information, ASI Haribhau Jadhav (P. W. 4) held inquest (Ex. 32) on the dead body, sent it for the postmortem and recorded complaint of Vishnu (Ex. 39). During autopsy Dr. Deelip Soundale (P. W. 3) found that the deceased had sustained three external injuries, (i) Incised wound extending from right temporal region to right parotid area of the size of 10 x 5 x 7 cms. (ii) Incised wound oblique in direction cutting right pinna in upper 1/3rd with fracture of mandible and cutting of the muscles and vessels, (iii) fracture of occipital bone. Internal examination disclosed damage to muscles and vessels due to cutting with laceration of cerebellum and cerebrum. Digested food with half litre of fluid, was found in the intestine. The autopsy surgeon prepared postmortem report (Ex. 44) giving cause of death as shock due to the head injury with laceration of the brain.

(3.) On completion of the formalities, Beed Police forwarded the papers to Dharur Police. PSO Dharur Police Station registered offence against the appellant under Section 302 of the Indian Penal Code and handed over the investigation to PSI Kashinath Adhe (P. W. 6). The investigating officer visited the scene of the occurrence on the next day. He attached axe and carpet stained with blood, under Panchanama (Ex. 35) and sent the articles attached during the investigation to the Forensic Laboratory. After completion of the investigation, Charge Sheet was submitted against the appellant.