SHIVAJIRAO RAMCHANDRA DESHMUKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant aggrieved by the judgment and order dated 7. 6. 1995 passed by the Additional Sessions Judge, Baramati, in Sessions Case No. 44 of 1993, convicting and sentencing him to undergo imprisonment for life/or the offence under section 302 IPC has come in appeal before us.

(2.) IN short the prosecution case runs as under : the appellant married Vimal d/o. Sahebrao Deokate D. W. 1 in the year 1974. After marriage they lived in village Kolegaon, Taluka Moho, Dist. Solapur. The couple had two issues. Since the appellant after the initial years of marriage started ill-treating Vimal, from about 5 years prior to the incident, she started living with her parents in Nira Wagaj. The reason for separation appears to be the appellant's addiction for liquor and ganja. About 15 days prior to the incident the appellant came to Nira Wagaj. On the date of the incident i. e. on 21st March 1993, at about 12 noon the appellant was sitting in the house of his father-in-law in Nira Wagaj. Ganpatrao whose daughter muktabai had been married to the appellant's brother Tanji, and who was not staying with Tanaji, was also sitting in the said house at the aforesaid time. The appellant asked Ganpartrao to send Muktabai to the house of Tanaji. A quarrel on this issue ensued between them. It culminated in the appellant inflicting axe blows on ganpartao. This assault was see by Seetabai w/o. Manikrao Patil P. W. 1 (the sister of appellant's father-in-law Sahebrao ). It is said that the appellant whose clothes had become smeared with blood was arrested along with the blood stained axe on the spot. 2. The FIR of the incident was lodged by Seetabai P. W. 1. It was recorded on the place of the incident by PS. 1. Narayan Rangnath Khaire P. W. 8 on the information, given by her P. S. I. Khaire thereafter arrested the appellant.

(3.) THE investigation was conducted in the usual manner by P. S. I. Narayan ranginath Khaire P. W. 8. and P. S. I. Ashok Kashinath Belvate P. W. 7. During the course of investigation the blood stained axe used by the appellant in the inncident; the blood stained clothes of the deceased; and blood stained earth etc. were sent to the Chemical Analyst. On 15. 6. 1993 after completing the investigation P. S. I. Ashok Belwate submitted the chargesheet against the appellant.