DADU MARUTI GAIKWAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY means of this appeal, the appellant has challenged the judgment and order dated 30-12-1983 passed by II Extra Additional Sessions Judge, Satara in Sessions Case No. 33 of 1983, convicting and sentencing him to undergo imprisonment for life under section 302 I. P. C.

(2.) THE deceased Shalan was the wife of the appellant. The evidence is that they were married about 1? years prior to the incident. It is alleged that the usual quarrels which take place between husband and wife also used to take place between them. On 6-9-1982, at about 7 a. m. the appellant got up from his sleep and after answering the call of nature, asked Shalan to cook rice. At about 10 a. m. when he returned back from the locality, he censured her for cooking rice and began to assault her. Meanwhile, his sisters-in-law Chandrabhaga Gaikwad, P. W. 3 and Malan Gaikwad, P. W. 5 intervened but, he also assaulted them. Consequently, both of them went away. Thereafter, the appellant again beat Shalan. He took a sickle which was in his hut and thereafter inflicted a solitary blow with it on Shalans person. As a result thereof, she became unconscious.

(3.) AFTER the incident, Chandrabhaga and Malan took Shalan in a S. T. bus to the dispensary of Dr. Shrikrishna Garud, P. W. 2 in Wai, Satara. The evidence of Dr. Garud P. W. 2 is that at 12. 30 p. m. he medically examined Shalan and found on her person a cavity deep injury of the dimensions of 3" x 1/2" situated between 8th and 9th ribs. Dr. Garud opined that the said injury had been inflicted within 6 hours and was attributable to a sharp cutting instrument. On being shown the sickle (Article No. 1, he stated that it could be caused by it.