VIJAY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant, who has been convicted by the learned Special Judge, Yavatmal on 1-12-1997 in Sessions Trial No. 25/97 for the offence punishable under Section 302 of Indian Penal Code and sentenced to suffer rigorous imprisonment for life with a fine of Rs. 5,000/- and in default of payment of fine to undergo further rigorous imprisonment for two years has preferred this appeal before us.

(2.) STATED briefly the prosecution case is that the deceased Mala was the daughter of Dadaji (P. W. 4 ). She was married to the accused on 30-5-1996. The accused is the son of Ramchandra Dumore, a practising lawyer at Yavatmal. At the relevant time, the accused was plying autorickshaw. After marriage, Mala came to reside with the accused at Yavatmal, where the accused was residing with parents, brother brotherts wife Manda and their children. At the time of first Akhadi festival after marriage, Mala had been to her parental home and during her aforesaid visit she informed her parents brother and other relatives that she was not happy at her matrimonial home, She told them that the behaviour of her husband with her was not proper. However, she returned to her matrimonial home with the accused when he had been to her parental home to fetch her back. At that time, the accused and Mala both had expressed their desire to visit Malas parental home again at the time of Rakshabandhan festival.

(3.) ON 30-8-1996 at about 8 or 8. 30 P. M. after taking meal the accused went to sleep in his bed room which was at the entrance of the house. Manda and Mafa, however, watched a movie on Television till 11 or 11. 30 P. M. and thereafter they went to sleep in their respective bed rooms. On the next day morning at about 6 A. M. Smt. Sushila Gupta, one of the tenants of the father of the accused, staying in the same house but in different block, raised an alarm on seeing a sari and feet in a drainage behind the latrine. She informed Manda about the same who on reaching there found that it was Mala and hence she informed her father-in-law about it. By that time, several other persons including the accused gathered there. Soon thereafter, i. e. at about 7. 15 A. M. the accused went to Yavatmal City Police Station and reported to the police about the death of his wife, on the basis of which a Marg No. 115/96 was registered. This initiated an enquiry and while an enquiry of the same was in progress, the accused himself lodged his report in the matter on 1-9-1996 and confessed that he himself committed the murder of his wife. On the basis of the said First Information Report, an offence came to be registered against the accused as Crime No. 547/96 under Section 302 of Indian Penal Code. The accused then came to be arrested and during the course of the investigation, it was transpired that a quarrel had taken place between the accused and Mala as the accused was not prepared to take Mala to her parental home for Rakshabandhan festival though promised. On Malas insistence, the accused slapped her due to which Mala got annoyed picked up a razor blade from a cupboard and caused injury to the sole of the accused by means of it. Thereafter on the pretext of going to answer the nature's call, the accused asked Mala to get water for him and while Mala was fetching the water the accused strangulated her with a Shela (scarf) and thereby caused her death. Thereafter by breaking Malas Mangalsutra and keeping some clothes and purse in the courtyard of his neighbour Waghela, the accused made a show of commission of theft.