BABAN RAMAJI CHAUDHARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal has been preferred by the appellant/accused being aggrieved by the judgment and order dated 15-5-1993 passed by the learned 2nd Additional Sessions Judge, Chandrapur in Sessions Case No. 143/92, whereby the appellant/accused has been convicted under S. 302 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for life with a fine of Rs. 1,000/- and in default, to suffer R. I. for three months.

(2.) BRIEFLY stated, the facts of the prosecution case are that the deceased Mahadeo was resident of Ballarshah, District Chandrapur. He was staying in Shiwaji Ward at Ballarshah along with his wife Parvatabai (PW 3 ). The appellant/accused is also resident of the said ward. His house is situated behind the house of the deceased. It seems that being neighbours the accused and deceased were close to each other. The marriage of the accused was settled by the deceased. The accused suspected that the character of his wife was not good and though the deceased was knowing it, he settled his marriage and, therefore, he had a grudge against the deceased.

(3.) ON 7-6-1992 at about 10 p. m. while the deceased and his wife Parvatabai were sitting in the courtyard of their house, the accused went there and started abusing the deceased. Parvatabai, therefore, asked the accused as to why he was abusing her husband. The accused, therefore, got annoyed and slapped Parvatabai. Maroti Belkhode (PW 9), who was then present there intervened and separated them. After a while, brother and mother of the accused came there. They also started abusing Parvatabai and the deceased. Maroti Belkhode again intervened and separated them. By that time, the accused came there running with a knife and gave a knife blow on the chest of the deceased due to which the deceased sustained bleeding injury on his chest. On seeing it, Maroti Belkhode and other persons gathered there. The accused then went away. Parvatabai then took the deceased to the Police Station and lodged her oral report (Exh. 25) in the matter. The deceased was then taken to the hospital at Ballarshah but as the Medical Officer was not present there, he was being taken to the hospital at Chandrapur but on way, he succumbed to his injuries.