SOMNATH UMAJI PIMPALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THROUGH this appeal, the appellant challenges the Judgment and Order dated 4-5-95 passed by the Additional Sessions Judge, Pune in Sessions Case No. 64 of 1995 convicting and sentencing him in the manner stated hereinafter :- (i)Under section 302 IPC to suffer imprisonment for life and to pay a fine of Rs. 100/- in default to suffer R. I. for one year ; and (ii)Under section 323 IPC to suffer four months S. I. The substantive sentences of the appellant were ordered to run concurrently.

(2.) IN short, the prosecution case runs as under :- Nanda Pimple PW 1 and Tukaram Dudhwade PW 4 are the wife and father-in-law of the appellant respectively. About three years prior to the incident, the appellant married Nanda and thereafter she started residing with him in the house of Bhaskarrao Bhosale at Birewadi. Out of the wed-lock, a daughter Sadhana was born. It is alleged that the appellant was of quarrelsome disposition and used to quarrel with Nanda. Some months before the incident, Nanda again became pregnant. About 15 days prior to the incident, she along with the appellant and her daughter Sadhana came to the house of Tukaram in Varulwadi Taluka Sangamner District Ahmednagar. At that time, Sadhana was aged about9 months. Four to five days later, the appellant went to Birewadi. Again after four to five days, he came to Varulwadi and insisted that Nanda should accompany him to his house at Mandave for delivery. Next day, in the evening, to pressurise her to submit to his wish he assaulted her with slippers. He was saying that if she did not come, he would murder Sadhana. On 12-11-1994, at about7 a. m. the appellant insisted that Nanda should come to his house. She replied that she would come after delivery. Consequently, he took Sadhana and started proceeding for his village. Nanda and Tukaram followed him, as they wanted to bring back Sadhana. When they reached the stream of kalki, Nanda tried to snatch Sadhana from the appellant. On that, the appellant by holding the leg of Sadhana struck her on the ground and pushed her aside. Thereafter, Nanda picked up Sadhana who was unconscious and took her to the Primary Health Centre, Junnar where Dr. Sadashiv Jagdale PW 2 gave her an injection. He found that Sadhna had sustained contusion on the left side of her head. He advised Nanda to take Sadhana to the Government Hospital, at Narayangaon on which, Nanda took Sadhana to Dr. Sopan Gosavi PW 3 who, on examining Sadhana found that she was dead.

(3.) GOING backwards, on 12-11-1994, Dr. (Smt) Geeta Mahishi PW 5 performed the autopsy on the corpse of Sadhana. She found a solitary contusion measuring 3" x 3" on left occipital region. On internal examination, she found depressed fracture on left occipital parietal bone. In her opinion, the deceased died on account of asphyxia due to cardio - respiratory failure due to internal bleeding as a result of head injury. In her statement in the trial court, Dr (Smt) Mahishi PW 5 stated that the ante - mortem injury suffered by the deceased could be caused by striking the baby on a rough surface and it was sufficient in the ordinary course of nature to cause the death.