SADASHIV TUKARAM DIPAKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal by the original accused is directed against the order dated 15th of April, 1994, passed by the Additional Sessions Judge, Hingoli, in sessions Case No. 3/1994. Learned Judge convicted the accused of the offences punishable under sections 302 and 201 of Indian Penal Code but sentenced him only on the first count to suffer imprisonment for life and to pay a fine of rs. 1,000/-, in default, to suffer further rigorous imprisonment for one year. No separate sentence was passed on the second count of the charge. Feeling aggrieved by the order of conviction and sentence passed against him, the accused has preferred this appeal.

(2.) THE prosecution case, in brief, is that PW No. 6 laxman is a resident of village Santuk-Pimpri, taluka hingoli, dist. Parbhani. PW No. 10 Yamunabai is his wife and pw No. 1 Munja, who is the complainant, is his son. Laxman had two daughters, namely, Padmabai and Shobha. Padmabai is already married while marriage of Shobha was settled and it was scheduled to take place in a month or two after the incident. Shobha is the deceased in this case and at the time of her death she was around 13 years of age. She was studying in VIIth Standard.

(3.) THE accused is also a resident of the same village. He happens to be the son-in-law of Laxman s sister. The name of the wife of the accused was Pushpa. According to the prosecution, about three or four months prior to the incident in question, there was a quarrel between Pushpa and yamunabai, PW No. 10. Thereafter Pushpa committed suicide in about a week. The accused nourished a grudge that because of the quarrel made by Yamunabai, his wife Pushpa committed suicide. On one occasion, it is alleged, the accused had even threatened to kill Yamunabai. It appears that, apprehending danger to the life of his wife, Laxman arranged to send Yamunabai to the house of her parents at village pardi. On the date of the incident in question, Yamunabai was residing at Pardi.