MADANAYYA RAMAYYA LENKALA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Aggrieved by the judgment and order dated 17.1.2003 passed by the Additional Sessions Judge, Gadchiroli, in S.C. No. 80 of 2001, convicting the appellant under Section 302 of Indian Penal Code and sentencing him to suffer rigorous imprisonment for life and to pay fine of Rs.200/-, in default rigorous imprisonment for one month, th appellant has preferred this appeal.

(2.) The prosecution case is that deceased Poshakka was the elder sister of Gatakka (P.W.3). The deceased was married with one person from Madhya Pradesh. Gatakka (P.W.3) had married the accused before ten years and had a son and three daughters from the accused. The husband of Poshakka died and she came back to her mother and started residing with her mother where accused and Gatakka were also living. Poshakka was treated as wife by the accused and thus both the real sisters were living as wives of the accused. Poshakka delivered a son and a daughter, but immediately after their birth both children died. The accused used to beat Poshakka by fist blows under the influence of liquor as her children did not survive and that she did not have equal number of children like Gatakka (P.W.3).

(3.) The incident took place on 23.8.2001 during night when deceased Poshakka and accused were sleeping in their room while Gatakka, her mother and her four children were sleeping in another room. Accused had closed the door from inside. The accused severely beat Poshakka by fist and kick blows under the influence of liquor throughout the night on her abdomen and other parts of her body. In the morning Poshakka came out of the room and narrated the entire incident of merciless beating to her by the accused to her sister Gatakka (P.W.3). Poshakka told Gatakka that she had severe pain in her abdomen and she was likely to die. On the same day, i.e. 24.8.2001, she breathed her last. The accused did not at all provide her any medical treatment. The accused then lodged report (Ex.20) in the police station saying that Poshakka died. After drawing spot panchanama, the dead body was sent for post mortem which was conducted on 25.8.2001. The post mortem report was received by the police on 4.9.2001, on the basis of which P.S.I. Panhale having found the death to be homicidal, lodged report (Ex.21) with the police station. Thereafter charge-sheet was filed and trial was held. The learned trial Court convicted and sentenced the accused/appellant, as stated above. Hence this appeal.