KESHEORAO BHIOSANJI NAVALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE accused has filed this appeal against the conviction and sentence passed upon him by the learned Additional Sessions Judge, Amravati", convicting him under Section 307 of the Indian Penal Code and sentencing him to suffer R. I. for a period of 7 years and to pay a fine of Rs. 100/- in default to suffer further R. I. for one month.

(2.) THE accused is the father-in-law of the victim Kausalya. Puran is the husband of Kausalya and the son of the accused. Manjula is the wife of the accused. About two months prior to the incident of assault, which took place on 5th November 1975 at about 10 a. m. , Manjula had left the accused and had gone to reside with her daughter in another village. Since about 10 to 12 years prior to the incident, the accused and Puran were residing separately, though in the same house, in village Hiwra. The accused and his wife Manjula occupied a half portion of the house adjacent to the house of one Pandurang Ingale (P. W. 4), whereas the remaining half portion of the house was in the occupation of Puran and Kausalya, this portion being adjacent to the house of one Shriram Navale (P. W. 5 ). The family idols and deitiands were in the portion of the house in the occupation of Puran and Kausalya. On 5th November 1975 at. about 10 a. m. , the accused came to the premises Kesheorao Bhiosanji Navale vs. State of Maharashtra (17. 06. 1978 -BOMHC) Page 2 of 7 ji Navale vs. State of Maharashtra (17. 06. 1978 -BOMHC) Page 2 of 7 occupied by Puran and Kausalya and took darshan of the family idols and deities. The accused returned after some time with a spear-blade and with it assaulted Kausalya who was alone at that time with her small child aged about 6 months. The accused inflicted as many as 16 injuries on the person of Kausalya on different parts of her body. Hearing her screams for help, the immediate neighbours Pandurang and Shriram rushed to the spot. They -saw the accused belabouring Kausalya with spear-blade. Pandurang and Shriram disarmed the accused. Kausalya's husband Puran was sent for. Kausalya was taken by Puran to the Asegaon police station, where her complaint was recorded. Thereafter, she was immediately sent to the General Hospital at Amravati, where she remained as an inpatient for 13 days. The accused was brought to trial for having committed an offence punishable under Section 307 of the Indian Penal Code.

(3.) THE defence of the accused was of denial. Thereafter he filed a written statement admitting the assault on Kausalya but claimed exemption under Section 84 of the Indian Penal Code. According to the accused, at intervals he got spells of insanity. During such spells, he felt as if somebody was beating him, so he would rush upon and belabour the nearest person. He had also beaten his wife Manjula during such spells. He would thereafter feel sorry. He assaulted his daughter-in-law Kausalya that day under such an attack of Insanity, without realising what he was doing and was incompetent to understand that the nature of the act he committed was against the law. When he assaulted Kausalya that day, he did not intend either to kill or injure her.