DAMODAR APPU MUDLIAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THROUGH this appeal, the appellant challenges the Judgment and Order dated 23-1-1992 passed by the Vth Additional Sessions Judge, Thane in Sessions Case No. 513 of 1989 convicting and sentencing him to undergo imprisonment for life, for the offence under section 302 I. P. C.

(2.) IN short, the prosecution case runs as under :-The deceased Ms. Vallarmadi was the daughter of Meera Mudliyar, P. W. 8 and the wife of the appellant, with whom she was married about four years prior to the incident. After marriage, she lived at various places with the appellant and at the time of the incident was living with him in Balappa Tinappa Sutar Chawl, New Balaji Nagar, Ambernath, Khuntavali, Taluka Ulhasnagar, District Thane. Frequent quarrels used to take place between her and the appellant resulting in her repeatedly coming over and staying with her mother. On 19-5-1989, at about 10. 30 p. m. a quarrel took place between the appellant and the deceased which culminated in the former stabbing the latter and in her coming out from the house. About the said time, Tabika Bhagul P. W. 2 who was residing behind the house of the appellant, came there and she told her that she was feeling giddy and asked her to call her parents. Evidence of Dandapanan Mudliyar P. W. 1 and Meera Mudliyar P. W. 8, brother and mother of the deceased respectively, shows that at about the said time, a girl from Balaji Nagar came and informed them that the appellant had killed Vallarmadi. On the said information, Dandapanan Mudliyar P. W. 1 and his father went to the house of the appellant and found the deceased in an injured condition. She was having injuries on stomach, face and on hand. Consequently, they took her to Lapsia Hospital by a auto-rickshaw. Evidence of Dr. Harish Lapsia P. W. 5 of Lapsia Hospital shows that Vallarmadi was brought to the hospital at about 10-15 p. m. on 19-5-1989. At that time, she was fully conscious. Her clothes were stained with plenty of blood. She was having the following injuries:-

(3.) THE evidence of Dandapanan Mudliyar P. W. 1 and Dr. Harish Lapsia P. W. 5 also shows that at Lapsia Hospital, Vallarmadi made oral dying declarations in terms that the appellant has stabbed her. Dr. Lapsia has categorically stated that when he interrogated her as to how she was injured, she candidly told him that her husband has beaten her and had inflicted wounds on her with a knife. She also told him that he used to quarrel with her and his first wife had died due to torture at his hands. Since Vallarmadi was in a critical condition, Dr. Lapsia advised that she be shifted to a bigger hospital such as Sion Hospital.