A PALANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant was convicted for an offence punishable under Section 302 of the Indian Penal Code by judgment dated 17th October, 1987, by the learned Sessions Judge, Panaji.

(2.) The case of the prosecution is that the appellant was married to deceased Geeta but his relations with her got strained and, therefore, both of them began to live separately. On 20th March, 1986, at about 4.00 p.m. Geeta was washing clothes at a spring of water existing at Mama of Pilerne, when the appellant came near her and after exchanging a few words, stabbed her on the belly with a knife. As a result of this assault, Geeta came to die on the next day in the hospital.

(3.) The appellant advanced a ease that he did not assault the deceased, but he admitted his presence on the spot at the relevant time of the incident. According to him, he went to the spring because one Kashi, that is to say, P. W.4, had told him that, he had been called by Geeta. On seeing him, Geeta lifted a knife in order to assault him and he raised his hands to avoid the blow. He succeeded in catching hold of the knife and, while trying to snatch it from the hands of Geeta the knife dashed against the chest of Geeta who fell down. He immediately went to the police station to give information about the incident.