ASHOK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is preferred by the original accused being aggrieved by the Judgment and order passed by learned IInd Ad-hoc Additional Sessions Judge, Jalgaon in Sessions Case No.82 of 2005, decided on 24.3.2006 whereby he was convicted of offence punishable under Section 302 of the Indian Penal Code and sentenced to suffer imprisonment for life and to pay a fine of Rs. 5,000/-, in default to undergo rigorous imprisonment for one month. He is also convicted of offence punishable under Section 33 of the Maharashtra Medical Practitioners Act, 1961 and sentenced to suffer rigorous imprisonment for two years and to pay a fine of Rs. 2,000/-, in default to undergo rigorous imprisonment for 15 days.

(2.) The facts giving rise to the prosecution may be stated as below:

(3.) On 4.2.2005, Leelabai was suffering from vomiting and loose motions. At about 2.00 to 3.00 p.m., appellant informed PW-1 Dattu that Leelabai was serious and he should come to see her. One Bhagwan PW- 2 also informed about Leelabai was being serious and PW-1 Dattu was asked to come to the hospital of Dr.Rajiv Narkhede (PW-10) at Jalgaon and thereafter, PW-1 Dattu alongwith his wife and son Khushal (PW-5) went to Jalgaon. At that time, Leelabai was unconscious. There was smell of insecticide and, therefore, enquiries were made with Chandrakant, the son of appellant and he said that Leelabai had been ill for 3 - 4 days and his father had administered her some medicine, which was having foul smell and thereafter froth came out of Leelabai-s mouth, which he had wiped. He also said that Leelabai was given some injection through saline. Leelabai died at 2.20 a.m. on 5.2.2005. Thereafter, the dead body was subjected to post mortem and then funeral was performed. PW-1 Dattu lodged complaint on 7.2.2005, which was registered at about 00:30 Hrs. It is alleged that as Ashok, the husband of his daughter Leelabai did not get money from him for purchasing motorcycle and since the appellant was not also liking Leelabai, she was killed by the appellant by administering poison.