ROHIDAS NAGAR YAVATMAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant has challenged his conviction for the offence punishable under Section 302 of IPC and sentence of imprisonment for life and fine of Rs. 1,000/- indefault R. I. For six months imposed by the 2nd Adhoc Additional Sessions judge, Yavatmal in Sessions Trial No. 43/2001 decided on 29. 1. 2003.

(2.) THE case of the prosecution, in brief, is that Vaishali (PW 1) was residing with her husband Vinod Madhukarrao wasnik (the deceased) in the house of the appellant situated at Rohidas Nagar, Yavatmal as tenants. The house of vaishali's father Babarao Bansod was situated in Patipura near rohidas Nagar.

(3.) ON 6. 4. 2000 PW 1 Vaishali and her husband Vinod went to the house of Babarao Bansod in the evening as they were not feeling well. PW 1 Vaishali was talking with her mother Kanchan in the front room of the house, whereas vinod was standing at the pan shop in front of the house. Around 10. 00 p. m. the appellant along with his wife Shabana came to the house of Babarao Bansod. At that time, Shabana was in an injured condition. On seeing them Vinod entered the house. The appellant was holding a large knife. On seeing vinod, the appellant asked his wife Shabana as to what were her relations with Vinod. Shabana kept mum. The appellant repeated the question to her at the point of knife. Thereupon, she said that she was having relations with Vinod like brother. However, the appellant abused Shabana and said that she was telling a lie. The appellant threatened her. Thereupon, shabana admitted that she was having illicit relations with vinod. The appellant was enraged and assaulted Vinod with the knife on his stomach. Vinod fell on the cot. The appellant gave another blow on the chest of Vinod. PW 1 Vaishali and her mother Kanchan raised alarm. Sumit Petkar (PW 4) and others rushed there. On seeing them, the appellant and his wife fled away. Vinod was removed to Government Hospital where he succumbed to the injuries at 10. 25 p. m. Soon thereafter PW 1 Vaishali lodged report (Exh. 15) at Police station, Yavatmal City. On the basis of the said report, Crime no. 214/2000 under Section 302 of IPC was registered at (Exh. 16) against the appellant. On the next day autopsy was conducted. Among other injuries two stab wounds over chest of deceased were noted. The probable cause of death was said to be shock due to stab wounds to chest. The appellant was arrested on 15. 11. 2000. The knife could not be recovered after necessary investigation the appellant was chargesheeted.