JAIRAM CHANDRABHAN Vs. STATE OF BOMBAY

JUDGEMENT

(1.) THE appellant was tried for the offence of murder of his wife committed at Takali, district Buldana, on or about the 20th of August, 1957. The learned Additional Sessions Judge who tried the appellant convicted him under S. 302 of the Indian Penal Code but instead of awarding the maximum sentence awarded the lesser penalty under the law.

(2.) IT was not in dispute before the learned Additional Sessions Judge nor is it in dispute before us that the appellant and his deceased wife Tulsabai used to quarrel quite often. The appellant is a -resident of Telhara. Two or three days prior to the Akshaya Tritiya of the year 1957, the appellant along with Tulsabai and their children went to Takali where his mother-in-law Muktabai lived. He stayed there for two or three days and returned alone to Telhara. Tulsabai continued to stay on in Takali till her death on the 20th of August, 1957. It may be mentioned that the appellant visited Takali a few days before Nag Panchami and again visited Takali two weeks before the Pola of that year. His object in visiting Takali was to induce his wife to return with him to Telhara.

(3.) THE incident out of which this appeal arises occurred during the third visit of the appellant to Takali. On the morning of the 20th of August, 1. 957 the appellant went to a field at Takali where Tulsabai was carrying on weeding operations alo with her mother Muktabai, (P. W. 4), her aunt Janabai (P. W. 7), her sister-in-law Renuka (P. W. 8) and Bhikabai (P. W. 9) and a number of other women and men including Pandurang (P. W. 11) and Wasudeo (P. W. 10 ). When the appellant saw Tulsabai he talked with her. In the course of that talk he struck Tulsabai five or seven times with a knife causing serious injuries to her person as a result of which she expired on that very day.