VITTHAL HIRAMAN MANGAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant/accused has challenged his conviction for the offence punishable under Section 307 of IPC and sentence of rigorous imprisonment for 5 years and fine of rs. 5000/-in default simple imprisonment for 6 months imposed by Ad-hoc Additional Sessions Judge-2, Chandrapur in Sessions Case No. 110/2006 decided on 15. 6. 2007.

(2.) It is not disputed that complainant Anusaya (PW5) is a married woman having a son and a daughter from her husband. It is also not disputed that the appellant is also married having a wife and children. It is further not disputed that both PW5 Anusaya and the appellant were residing at village Saikheda.

(3.) According to the prosecution PW5 Anusaya is the wife of the appellant. They had shifted to village Waigaon just before the incident dated 1. 9. 12006. On 1. 9. 2006 PW5 anusaya and the appellant were staying at the house of gurudeo Shrirame. Around 4 a. m. the appellant told PW anusaya that they have to go to Nagpur in search of work and asked her to collect the luggage. PW Anusaya replied that they would go in the morning. Thereupon the appellant took out an axe and assaulted her on her hand and head because of which she sustained bleeding injuries. She raised alarm. and shouted. The neighbours rushed there, snatched away the axe from the appellant and took PW5 Anusaya to the hospital at Bramhapuri. She was admitted in Rural hospital at Bramhapuri. Dr. Jotsna Mhaskar, Medical Officer, rural Hospital, Bramhapuri (PW4) examined her and found four incised wounds on frontal area, on parietal region, on paritooccipital region and on left elbow. She also found fracture of elbow joint. On the same day, Dr. Jotsna Mhaskar examined the appellant and found one lacerated wound on parietal region and contusion at the same area. Accordingly Dr. Jotsna Mhaskar issued injury certificates exhs. 23 and 26 respectively. The statement of PW Anusaya (Exh. 29) was recorded. Her blood stained clothes were seized. The blood stained clothes of the accused as well as axe was also seized. On the basis of the statement of PW Anusaya, Crime no. 81/2006 under Section 326 of IPC was registered against the appellant at P. S. Bramhapuri. After necessary investigation, charge sheet under Section 307 of IPC was filed against the appellant.