SUMITRABNI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY this appeal, conviction for murder of a co -wife is challenged.

(2.) SAKHARAM (P. W. 1) was married to deceased Manjulabai. They had no issue. Hence Sakharam married a second wife -accused Sumitra. Sakharam was a postman and was living at Chandrapur in a small room. He was posted to Ballarshah where he used to go early morning and return in the evening. No child was born even to Sumitra. Manjula and Sumitra used to quarrel with each other and Sakharam used to rebuke them. A say before the incident when Sakharam returned from duty he found co - wives quarrelling. He, therefore, beat both of them with a stick. In the morning of the fateful day, i.e. 17th February, 1984, Sakharam left the house as usual at 4 a.m. with a lunch prepared by Manjula. Manjula went to bed. While she was sleeping, accused attacked her with an axe (Article 6) causing multiple injuries, resulting into her instantaneous death. The accused went to the police station and reported that she had murdered her co -wife. There were blood - stains on her clothes, hands and legs. Accused had two injuries -one lacerated on the right hand and the other on the parietal region of the scalp 1" X 1 cm. She was examined by Dr. Suresh Sonarkar (P.W. 10).

(3.) NOW , the incident of hitting Manjulabai with an axe by the accused is beyond dispute. It is unnecessary to discuss the circumstances leading to that aspect in details. Rightly has the learned Sessions Judge held that it was a homicidal death for which the accused was responsible.