ARJUN KRISHNA AGAWANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant was charged of an offence punishable under Section 302 of the Penal Code for intentionally or knowingly causing the death of his wife Gayabai on 14th June 2002 by assaulting her on the head with Karanja wood. The Additional Sessions Judge, Sangli, by a judgment dated 14th January 2004 convicted the Appellant of the offence with which he was charged and sentenced him to suffer imprisonment for life; to pay a fine of Rs.500/- and in default, to rigorous imprisonment for a period of six months.

(2.) The Appellant was married to Gayabai and the couple had three children. For some time, the family resided at Mumbai. The case of the prosecution is that the Appellant used to suspect the fidelity of his wife. The room in Mumbai, which was occupied by the Appellant and his family, was sold and all of them moved to village Mayani. Gayabai used to work as a labourer while the Appellant appears to have worked as a driver. According to the prosecution, the Appellant had continuously harassed Gayabai and suspected her character. Gayabai is alleged to have been driven out of the house, upon which the family resided at Bhikwadi at the house of Gayabai's brother. The incident which forms the basis of the prosecution, took place on 14th June 2002. The Appellant is alleged to have proceeded to Waduj that morning from where he is alleged to have returned at noon time. At about 3 p.m., the Appellant is alleged to have assaulted Gayabai, first with fist blows on her eye and thereafter, on the head with a block of wood (Karanja). Anuj (PW 1), the fourteen year old son of the Appellant is alleged to have witnessed the incident and on seeing the assault, rushed out of the house to inform her relatives.

(3.) On behalf of the Appellant, it has been submitted that (i) PW 1, who is the main witness, is a fourteen year old child witness, who was residing with his maternal uncle after the death of his mother and has been tutored; (ii) PW 1 admitted that his father had gone to Waduj on the date of the incident which would in fact, support the plea of alibi adopted by the Appellant; (iii) PW 1 had stated during the course of his deposition that several people had gathered after the incident which he subsequently denied; (iv) There was a delay of one day in the lodging of the First Information Report by PW 2 Santram; and (v) Even on the hypothesis that the death of Gayabai was caused as a result of the assault committed by the Appellant, the incident occurred on the spur of the moment and there was no intention on the part of the Appellant to cause the death of his wife.