LAWS(BOM)-2008-7-77

VITHAL ABASAHEB CHAVAN Vs. STATE OF MAHARASHTRA

Decided On July 02, 2008
VITHAL ABASAHEB CHAVAN Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Heard respective counsel for the parties.

(2.) This Criminal Appeal under sub-section (2) of section 374 of the Code of Criminal Procedure, 1973 (Act No. 2/1974), is filed by the appellant Vitthal, challenging the judgment and order of his conviction and sentence under section 302 and section 307 of Indian Penal Code, respectively, passed by learned additional Sessions Judge, Basmathnagar, on 21-7-2006. The appellant is sentenced to suffer imprisonment for life and fine of Rs. 1,000/- with default cause for the offence punishable under section 302 of Indian Penal Code. He was also sentenced to suffer imprisonment for life and ordered to pay fine of rs. 1,000/- with default clause for the offence punishable under section 307 of indian Penal Code. The learned Additional Sessions Judge was pleased to pass order that both substantive sentences shall run concurrently.

(3.) On 24-1-2004, a programme of "dnyaneshwari Parayan" (continuous recital of Verses and Hymns of simplified Bhagwadgita) was arranged and even meals were served to the invitees. It is on 25-1-2004, in the early morning at 4 a. m. , accused Vithal alleged to have initially assaulted his wife Varsha, suspecting her character. He assaulted varsha on her head and other parts of the body with the help of a Katti (Sickle -normally used for cutting sugar-cane ). Varsha raised shouts for help. Other family members rushed to the room where accused Vithal, Varsha and daughter girija were sleeping. Dnyaneshwar, brother of accused, opened the door. There was electric bulb. Even father - Abasaheb and mother - Mandodari gathered at the place of occurrence. Dnyaneshwar, brother, rushed to his brother - accused vithal and asked as to why he was assaulting wife Varsha. As Vithal was holding a lethal weapon in hand, Dnyaneshwar could not dare to intervene. It is at this juncture, when Varsha was taken out of the room, accused Vithal took heroic position and uttered words that, he will finish/kill daughter Girija, who is an offspring of illicit relations of wife Varsha. He used the words Naski Aulad. Saying so, he assaulted Girija with an iron pipe and also gave a knife blow on her neck. Child Girija, who less than six months old, died on the spot. Abasaheb chavan and other family members took Varsha to Civil Hospital at Parbhani for treatment. The Medical Officer present in the Hospital treated Varsha. Varsha sustained 12 bleeding injuries and one abrasion. By the evening time, as it was thought by Dnyaneshwar, brother-in-law of Varsha, that she needs better treatment, and thus, she was shifted to a private hospital of Dr. Jethlia, where, police recorded her statement.