VASANT DAGDU ZINJURDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this appeal, the appellant (original accused No. 1) has assailed the judgment and order dated 23rd April, 2007 in Sessions Case No. 256/2005 rendered by Additional Sessions Judge-3 at Aurangabad, convicting him for the offence punishable under Section 302 of I.P.C. and sentencing him to suffer rigorous imprisonment for life and to pay fine of Rs. 1,000/-, in default, to suffer further rigorous imprisonment for 3 months for committing murder of his wife Mandabai.

(2.) Factual matrix of the prosecution case is that the appellant (original accused No. 1) married deceased Mandabai about 8 years back who was sister of complainant Bhagwan Usare (P.W.1). Out of the said wedlock, a son namely Kamlesh (P.W. 2), about 8 years (at the time of incident), was born. It is alleged that after the marriage the appellant and deceased Mandabai resided in Aurangabad and appellant used to work as electrician. Thereafter, they shifted to Nasik Devalali Camp for residence and used to reside with the sister of the appellant namely Latabai Pathade (original accused No. 2 - acquitted). However, it is alleged that, the appellant used to insist upon deceased Mandabai to bring amount of Rs. 80,000/- from her father for starting his own business and used to assault her due to non fulfilment of said demand. The complainant [Bhagwan (P.W.1)] came to know about the illtreatment to his sister i.e. deceased Mandabai and therefore, brought her, appellant and their son Kamlesh to Aurangabad for residence and acquired rented premises at Aurangabad, for them.

(3.) It is further alleged that on 30.8.2005 at about 7.30 a.m. one Popatrao Dhatbale informed complainant Bhagwan (P.W. 1) that Mandabai was lying in the house in dead condition. Therefore, complainant Bhagwan (P.W.1), his brother and parents went there and found that Mandabai was lying in the room in unconscious condition and her son Kamlesh (P.W.2) was sitting near her and was crying. Hence, complainant Bhagwan made inquiry with Kamlesh that what had happened and thereupon P.W. 2 Kamlesh informed to P.W. 1 Bhagwan that a quarrel took place between accused/appellant Vasant and Mandabai in the intervening night between 29.8.2005 to 30.08.2005 and thereafter they slept without taking food. Thereafter, he suddenly heard the shouts of his mother Mandabai and woke up and saw that the appellant - Vasant was holding grinding stone in his hand and he inflicted blow thereof on the head of Mandabai and therefore, she fell down and became unconscious and thereafter, the appellant ran away. Blood was oozing from the head injury of Mandabai. Thereafter, P.W. 1 Bhagwan lodged report immediately on 30.8.2005 with Police Station M.I.D.C., Cidco and offence was registered under Section 302 of I.P.C.