GOPAL SAKHARAM JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant aggrieved by the judgment and order dated 20-6-1995 passed by the Additional sessions Judge, Raigad-Alibag, in Sessions Case No. 111 of 1994, convicting and sentencing him to undergo imprisonment for life and to pay a fine of Rs. 1000/- in default to suffer R. I. for six months, for an offence under section 302, Indian Penal Code, has come up in appeal before us.

(2.) IN short the prosecution case runs as under :- The appellant was the husband of the deceased Laxmibai. At the time of the incident he was staying with her in a house in village Pali-Budruk Taluka Khalapur District raigad. In his immediate proximity, was living his married daughter Vimal Katikari P. W. 1 and his brother-in-law Bhiva waghmare PW 3. The appellant and the deceased were working at the house of one Laxman More. The appellant was addicted to liquor and on that score was constantly demanding money from Laxmibai. Since Laxmibai had to maintain two children, she often was reluctant to give him money. Hence, quarrels between the appellant and Laxmibai used to take place. On 7-8-1993, at about 8 p. m. when Vimal Katikari PW 1 was having dinner her brother Sham came and informed her that the appellant was assaulting Laxmibai. Consequently, she went to the house of the appellant. Bhiva Waghmare PW 3 also came there. They saw that the appellant was inflicting kick blows on Laxmibai. The appellant felled Laxmibai on the ground and also inflicted fist blows on her chest. When Vimal tried to intervene, he slapped her. Evidence of Bhiva Waghmare PW 3 also shows that the appellant took out a brick from the oven and assaulted laxmibai with the same on her chest and while assaulting her he had made her naked. Bhiva s evidence further shows that when he tried to intervene, the appellant threatened him and told him to mind his own business. After the appellant had stopped assaulting laxmibai, Vimal and Bhiva went away. At about midnight, Bhiva heard Laxmibai s crying Ah meli ah meli (I am dying, I am dying ). But, he did not go to the appellant s house. In the morning, his mother went to see Laxmibai and when she came back, she told him to go and see whether Laxmibai was alive. Consequently, Bhiva went to the appellant s house and found that Laxmibai was dead. Blood was cozing out from her private parts. Bhiva thereafter, went and informed the Police Patil.

(3.) THE FIR was lodged by Bhiva on 8-8-1993 at 11. 15 a. m. at Police station Khalapur. It was recorded by PSI Vazir shaikh PW 4, who, on its basis, registered C. R. No. 126 of 1993 under section 302, Indian Penal Code.