RAMESH PARASRAM KAWANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellant, who is police constable, was convicted by 2nd Ad-hoc Additional Sessions Judge, Yavatmal, in Sessions Trial No. 57/2001 by his judgment dated 5.9.2002 for the offence under Section 302 of the Indian Penal Code and was sentenced to suffer life imprisonment and to pay fine of Rs.3,000/-, in default to suffer S.I. for 3 months for committing murder of his wife Kalpana. The appellant seeks to challenge the said verdict of conviction and sentence in this appeal.

(2.) The prosecution case, shortly stated is thus-- The appellant was residing in Police Line, Yavatmal, in a Police Quarter in Palawadi Camp in Quarter NO. 3, building NO.1 on ground floor, with his wife - deceased Kalpana, one daughter and two sons. On 19.10.2000, in the mid-night at about 12 O'clock he came to village Warjai along with his 3 children and disclosed to his father, Parashram, that his wife had died and she was lying on the cot. He immediately left, leaving children there. On the following day morning, he again came to the house of Parashram at village Warjai and told him that he had murdered his wife. Thereafter, complainant Parashram came to the house of the appellant at Yavatmal with Bhimrao & Chindu and noticed that the door of the house was closed by putting chain outside. He opened the door, entered into the house and saw the dead body of Kalpana lying on the cot. He further found that there was bandage on her forehead and there was bleeding from her mouth and nose. The blood had spread on the bed-sheet and on the bed. He also noticed some injuries on the face of the deceased. It is alleged that the appellant/accused had faced a trial for killing his first wife. He was, however, acquitted therein and thereafter his marriage with deceased Kalpana had taken place. The complainant then closed the door and went to the police station and lodged a report there. It was oral report, which was got reduced into writing by P.S.O. Thorat. (PW-17)

(3.) The offence against the appellant was registered, at the direction of P.S.O. Thorat, bearing Crime No. 563/2000 under Section 302 of Indian Penal Code. Then Investigation Officer Thorat prepared printed F.I.R. & visited the spot. He prepared spot panchnama and inquest panchnama on the dead body in presence of panchas. He then sent the dead body for post mortem examination. He had seized one screwdriver and wooden stick during investigation. The Medical Officer - Dr. Puranik (PW-2) conducted post mortem on the dead body and submitted his report. According to him, the deceased had died due to head injury. During investigation, Investigation Officer Thorat recorded the statements of the witnesses, some of them being police constables residing in the vicinity of the residence of the appellant. He also recorded the statement of the mother of the deceased, her sister and other witnesses. He had also sent seized articles to Chemical Analyzer for examination & obtained reports. As it was transpired that appellant had committed the offence punishable under Section 302 of I. P.C., he submitted chargesheet in the Court of Chief Judicial Magistrate, Yavatmal.