KARIMSHAHA S/O BIRAMSHAHA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Exception is taken to the judgment and order dated 01-11-2003 rendered by the learned Ad hoc Additional Sessions Judge, Washim in Sessions Trial 128/2002, by and under which the appellant- accused is convicted for offence punishable under Section 304 Part-II of the Indian Penal Code (" IPC " for short) and is sentenced to suffer rigorous imprisonment for ten years and to payment of fine of Rs.5,000/-.

(2.) Heard Ms. Ankita Sarkar, learned Counsel for the accused and Shri N.R. Patil, learned Additional Public Prosecutor for the respondent-State.

(3.) The accused was charged with having murdered his wife Najimabee after seven years of marriage. The prosecution case as is unfolded during the course of the trial is thus : The accused and Najimabee are blessed with two sons from the wedlock. Najimabee was treated well for period of five years or thereabout. The accused suspected her character and started ill- treating Najimabee, which ill-treatment she used to narrate to her parents. Two months prior to the fateful day, Najimabee left her matrimonial home with her sons since she was assaulted by the accused. The accused went to her parental home to escort her back to the matrimonial home, the in-laws of the accused were reluctant to send Najimabee with the accused. The accused persuaded his in-laws to send Najimabee to her matrimonial home alongwith the accused. On the next day i.e. on 13-9-2002 Najimabee's parents learnt that she was admitted in Manora Rural Hospital due to a head injury. The hospital authorities conveyed the information to Manora Police Station. Assistant Police Inspector Mrs. Ashok Bhairao went to the hospital and requisitioned the Special Executive Magistrate for recording Najimabee's dying declaration. However, Najimabee was not in a position to give statement. One of the two sons of Najimabee and the accused, who were at her bed side in the hospital, was crying that the accused assaulted his mother with an iron stem. Najimabee was referred to Akola Civil Hospital for further treatment. Assistant Police Inspector Mr. Ashok Bhairao lodged first information report against the accused at Manora Police Station on the basis of which offence punishable under Section 307 of the IPC was registered against the accused. Najimabee expired while undergoing treatment at Akola Civil Hospital. Offence under Section 302 of the IPC was registered. Investigation ensued, upon completion of which charge-sheet under Section 302 of the IPC was submitted in the Court of Judicial Magistrate First Class, Mangrulpir, who committed the proceedings to the Sessions Court. The learned Sessions Judge framed charge (Exhibit