BHIVSAN CHANNU RAIKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is an appeal by the appellant/accused against the order of conviction under Section 302 of the Indian Penal Code by the learned Sessions Judge, Akola.

(2.) THE prosecution case is that on 26-5:85 at about 3 p. m. the accused assaulted his wife Nirmala several times with a knife and that thereafter he assaulted himself with the same knife and fell down. Nirmala died. Thereafter the accused was arrested and he was charged. for the offence punishable under Section 302 of the Indian Penal Code as far as the death of Nirmala was concerned and 310 under Section 309 of the Indian Penal Code on a charge of attempt to commit suicide. The latter charge could not be sustained as the said provision of Section 309 of the Indian Penal Code had been struck down as ultravires the Constitution of India by our Court.

(3.) THE evidence shows that at the time of the incident deceased Nirmala was staying with her sister Chandrabhaga at Melegaon. The accused had also come there about 16 days prior to the incident. It appears that Nirmala was ill-treated by the accused and that therefore, she was not willing to go back to the house of the accused. On the day of the incident Chandrabhaga had gone to the market. It is her case that at about 3t0 clock she was informed by her grand-daughter Lila that accused has assaulted Nirmala with the knife and that is now she rushed back to the house, she saw that Nirmala had fallen down also the accused. She went to the police station, made a statement which is Exh. 13. This was recorded at about 3. 30 p. m. The police came to the scene of offence and thereafter started investigation of the offence. A further statement of Chandrabhaga was recorded at about 5. p. m. and that has also been exhibited as Ex. 12. The prosecution has examined that grand daughter of Chandtabhaga, by same Lila, a child of m about 9 years old and one Syed Latif, a neighbour as eye-witnesses of the incident. There was another eye-witness, the sister of Chandrabhaga by name Radhabai, whose evidence has not been accepted by the learned Trial Judge. Since Chandrabhaga I was not an eye-witness, the learned Judge mainly relied on the basis evidence of Lila and Syed Latif and it is on the basis of this evidence he held the accused guilty under Section 302 of the Indian Penal Code.