DEEPAK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant convict calls-in-question the legality and validity of impugned judgment and order of conviction and resultant sentence of imprisonment of life and to pay fine of Rs. 5000/- in default to suffer rigorous imprisonment of six month for the offence punishable under section 302 of the Indian Penal Code (IPC), rendered by the learned Additional Sessions Judge, Jalna in Sessions Case No. 125 of 2011 dated 10-12-2013, in this appeal to redress his grievance.

(2.) The prosecution case sans unnecessary details in nutshell is that the ill-fated victim Balabai was the wife of accused Deepak s/o Namdeo Zate, resident of Pimpalwadi, Tq. Malegaon, District Washim. The spouses and their children, namely, son Dnyneshwar 7 years old and son Mangesh 5 years old, were residing by erecting tin shed in the agriculture land Gut No. 321, owned by first informant Sk. Majjid Shaikh Moinuddin, located within the vicinity of village Pimpalgaon. The accused Deepak was eking livelihood by doing agricultural labour work in the field of first informant. The another labourer Shri Rambhau Jadhav was also doing the agricultural work with the accused Deepak in the same field of first informant.

(3.) According to prosecution, on the unfortunate day of incident i.e. 18- 05-2011, the first informant-owner visited to his agricultural land in the morning hours and gave directions to both his labourer for watering the sugar cane crop. It was the day of weekly Bazar and therefore, he returned to home. In the noon hours at about 3.00 p.m. the accused Deepak, his wife and children came to him and took Rs.400/- for Bazar purpose. At about 8.00 p.m. the another labourer Shri Rambhau Jadhav brought the milky cow from the field and informed that the accused under influence of liquor beating his wife with wooden log and in frightened condition she went running towards cattle shed of Asaram in adjoining land. The first informant immediately passed on information to the in-laws of accused Deepak in the village and rushed to the field. The first informant saw the deceased Balabai w/o accused Deepak lying withered in a pool of blood. She was no more. The land owner-first informant made enquiry about the incident with the elder son Dnyneshwar of the accused. He divulged that his mother was assaulted by the father under influence of liquor and she was beaten up by wooden handle of axe, sticks etc. The first informant has also asked about the incident to other labourers residing in the adjoining agricultural land. According to prosecution, the first informant and his associate Javed Qureshi, while returning to village from spot of incident, saw the accused Deepak attempting to hide himself behind the tree. They picked up the accused. There were blood stains on his cloths. He was in a inebriated state. The first informant and his associate Javed Queshi caught hold the accused and took him to Pimpalgaon outpost Police Chowky. The Police personnel at the outpost Police Chowky get verified the occurrence of incident on visiting to the spot. Thereafter, the first informant filed the report about the incident to the Police authority of Ghansavangi Police Station, District Jalna.