DASHOK KISAN BHIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant in this appeal was convicted by judgment and order dated 19-12-2005 delivered by the learned 4th Ad-hoc Additional Sessions Judge Dhule in Sessions Case No.78 of 2004 for an offence of committing murder of his wife Taibai punishable under section 302 of the Indian Penal Code and was sentenced to suffer imprisonment for life with fine.

(2.) In short, the prosecution case is that the appellant along with his wife deceased Taibai was staying in a hut situated in land Gut No.469 of village Chinchwat. PW 2 - Dhrupadabai, sister of the deceased Taibai, PW 7 Shamrao, brother of the deceased, PW 6 Sumanbai wife of PW 7 Shamrao were staying in separate huts in the said land.

(3.) The appellant was selling fish for earning his livelihood. It is alleged that on the previous night of 6-6-2004 the deceased Taibai asked the appellant not to go to Bazaar for selling fish but the appellant insisted that he would go and sale fish. It is alleged that on the day of incident i.e. on 6-6-2004 between 5.00 to 5.30 a.m. the appellant assaulted deceased with the help of an axe on her neck and ran away from the scene. Hearing the shouts of Taibai PW 2 Dhrupadabai got up from her sleep. Somehow Taibai came near Dhrupadabai and fell on her person and told her that the appellant had assaulted her with axe. Dhrupadabai stated that she had seen the appellant running. Due to darkness the appellant was not traced out. As alarm was raised by PW 2 Dhrupadabai, PW 6 Shamrao and PW 7 Sumanbai also got up and reached the spot. PW 2, it is alleged, disclosed that deceased Taibai informed her that the appellant assaulted her. Due to injury, the deceased died on the spot.