PUNDLIK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant Pundlik Tale has challenged judgment and order dated 16.12.2002, passed by the 2nd Ad-hoc Additional Sessions Judge, Yavatmal in Session Trial No.207/2001, convicting the appellant for the offence punishable under Section 302 of Indian Penal Code and sentencing him to undergo life imprisonment and to pay a fine of Rs.3,000/-, i/d to suffer Simple Imprisonment for one year and further convicting the appellant for the offence punishable under Section 324 of Indian Penal Code and sentencing him to suffer Rigorous Imprisonment for six months and to pay a fine of Rs.500/-, i/d to suffer Simple Imprisonment for one month.

(2.) The case of the prosecution in brief is that deceased Shakuntala was younger sister of P.W.1 Chandrakala. Deceased Shakuntala was residing with her husband at village Mahagaon but then due to ill-treatment to Shakuntala by appellant, she came to the house of P.W.1 Chandrakala and started residing with her. Appellant also came to Dorli i.e. at the village of P.W.1 Chandrakala and started working on farm of Shrirang and residing in the cattle-shed situated on the said farm. On the day of incident at about 2:00 p.m. after taking meals, Shakuntala started cleaning utensils in the court yard. The appellant came there and asked Shakuntala to come with him for residing in the cattle-shed. She refused to go with him, as she was being ill-treated by him. Angered by her answer, the appellant started giving knife blows on her cheek, stomach and chest, due to which she received bleeding injuries. The appellant, thereafter, went away. Shakuntala was brought to the hospital at Yavatmal. P.W.1 Chandrakala lodged report with Police Station. Shakuntala died ultimately on 17.8.2001 i.e. about two days after the date of incident. Offence under Sections 302, 309 of Indian Penal Code was registered. Spot panchanama was conducted. Knife was seized from the spot. Articles were sent to chemical analyser for examination. After completion of investigation, upon evidence that was available, chargesheet was filed under Sections 302, 307, 324, 309 of Indian Penal Code. Charge was framed under Section 302, 324, 309 of Indian Penal Code, which was denied by the appellant and, therefore, trial was held. The appellant took defence that his co-brother i.e. husband of P.W.1 Chandrakala assaulted him by knife on his stomach and threatened to kill him. But he chose to keep quiet about the injuries caused to the deceased.

(3.) Shri Daga, learned Counsel for the appellant made the following submissions :