HIRALAL SUKHRAM JAWARKAR Vs. STATE OF MAHARASHTRA, THROUGH POLICE STATION OFFICER, DHARNI, DISTRICT AMRAVATI

JUDGEMENT

(1.) This appeal takes exception to the judgment dated 19/12/2016 passed by learned Additional Sessions Judge, Achalpur in Sessions Trial No.50/2015 by which appellant/accused came to be convicted for the offence punishable under Section 302 of Indian Penal Code and sentenced to suffer life imprisonment and to pay fine of Rs. 5000/ and in default, to undergo simple imprisonment for six months.

(2.) It is the case of prosecution that on 14/2/2015 at about 3 a.m. while P.W.2 Manohar, Police Patil was sleeping in his house situated in his field, one Mangal Babu Jawarkar visited him and informed that accused had visited him at about 1 a.m. in the midnight and informed that his wife Ganga was ill. Mangal further informed that he, therefore, accompanied accused to his house and found his wife lying dead and blood was oozing from her eyes, mouth, etc. Accordingly, P.W.2 Manohar along with Mangal visited house of accused at about 4 a.m. and noted that accused was present near dead body of his wife in his house and on enquiry with him, informed that his wife was under the influence of liquor and invited quarrel with him when he committed assault upon her by wooden plank and plastic shoes. P.W.2 Manohar thereafter gave information to Police on phone, upon which Police arrived on the spot and lodged his report, which was recorded by P.W.6 Arvind Raut, PSI as per Exh. 18, who on the basis of same, registered offence punishable under Section 302 of Indian Penal Code vide Crime No. 54/2015 and investigated the same.

(3.) During the course of investigation, spot panchanama came to be drawn vide Exh. 11 while muddemal articles, which were found on the spot consisting of broken bangle pieces, three teeth, wooden plank, plastic shoes, simple earth, earth mixed with blood, one shirt, full pant and petticoat came to be seized under panchanama (Exh. 12). One shirt of P.W.3 Arun was seized under panchanama (Exh. 13) and inquest panchanama was drawn vide Exh. 14.