Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
S.S. SHINDE, S.M. GAVHANE, JJ.
Balu Mukunda Pawar – Appellant
Versus
State of Maharashtra – Respondent
Criminal Appeal No. 270 of 2013
Decided On : 14-09-2017
Section 302 - Conviction and Sentence - IPC - [302] - The judgment discusses the prosecution's case against the accused, who was convicted and sentenced to life imprisonment for the offence under Section 302 of the Indian Penal Code. The court analyzed the evidence, including the testimony of the child witness, and the circumstantial evidence such as the seizure of clothes and axe with blood stains, and the motive behind the offence. The court found the accused guilty based on the corroborated evidence and upheld the conviction and sentence.
Fact of the Case:
The prosecution presented evidence that the accused, the deceased's husband, assaulted her with an axe, resulting in her death. The child witness, the deceased's son, testified to witnessing the assault and the accused fleeing the scene. The accused denied the charges, claiming an unknown person committed the murder.
Finding of the Court:
The court found the accused guilty of causing the deceased's death based on the corroborated evidence, including the child witness's testimony, the seizure of clothes and axe with blood stains, and the motive behind the offence.
Issues: The main issue was whether the accused was responsible for the death of the deceased, considering the testimony of the child witness and the circumstantial evidence.
Ratio Decidendi: The court relied on the testimony of the child witness, the circumstantial evidence, and the motive behind the offence to establish the accused's guilt beyond reasonable doubt.
Final Decision: The court upheld the conviction and sentence of the accused for the offence under Section 302 of the IPC, finding the evidence sufficient to prove his guilt.
S.M. GAVHANE, J.
1. The appellant (hereinafter referred to as the accused) who has been convicted and sentenced to suffer imprisonment for life and to pay fine of Rs.2000/( Rupees Two Thousand), in default to suffer simple imprisonment for two months for the offence punishable under Section 302 of the Indian Penal Code (for Short the IPC) as per the judgment and order dated 30.10.2009 passed by the Additional Sessions Judge, Dhule in Sessions Case No.15 of 2009 has preferred this appeal challenging the said judgment and order of conviction and sentence recorded against him.
2. The facts of the prosecution case, in short, are as under :
A. The informant Shamrao Shankar Malich (PW-1) who is resident of Mhasadi, Tq. Sakri, Dist. Dhule is the father of the deceased Ushabai who was married to the accused Balu Pawar who is resident of Gangeshwar Bhilati, Samoda, Tq. Sakri, Dist. Dhule 10 years prior to the incident of her death. The deceased and the accused have three sons namely Kanhaiyalal (PW-2), Dinesh and Tushar.
B. After marriage the deceased went to the house of the accused for cohabitation. She has begotten three sons as above. It is alleged that at the time of Pola festival of the earlier year of the incident the deceased, her husband/accused and their children had come to the house of the informant. At that time the deceased had told her father (informant) that the accused is suspecting her character and on that count he was torturing her. Thereupon, the informant gave understanding to the accused and they were sent to their village Samoda on 05.09.2008.
C. It is further alleged that in the morning on 06.09.2008 informant(PW-1) came to know from his relative Bhavsha Bharat Pawar that in the night accused killed Ushabai assaulting her by an axe and ran away. PW-1 rushed to the house of the accused and found Ushabai lying in the pool of blood having sustained incised injuries on her neck, ribs, hands and back. PW1 asked his grandson Kanhaiyalal (PW-2) and upon asking his grand son Kanhaiyalal told that accused assaulted the deceased by an axe in the night and ran away from the back door of the house. (PW-1) thereupon, immediately went to the Police Station Pimpalner and accordingly lodged the complaint. Treating the said complaint as FIR Crime No.57/2008 for the offence punishable under Section 302 of the IPC was registered against the accused in the said police station on the same day on 06.09.2008 at 06.30 am. and Assistant Police Inspector Avhad immediately went to the spot of incident and prepared inquest panchanama. Thereafter, he prepared panchanama of spot of incident i.e. house of the accused and seized the simple soil and soil mixed with blood as well as quilt having blood stains under the same panchanama. So also, he sent dead body in the Primary Health Centre, Pimpalner, Tq. Sakri, Dist. Dhule for postmortem examination where Medical Officer Dr. Mohane (PW-3) and Dr. Sonwane conducted the postmortem examination and issued postmortem report (Exh.17). They had opined that the deceased died due to hemorrhagic shock due to cutting of neck vessels as per injuries mentioned in column No.17. They had also taken viscera for chemical analysis. The Police Head Constable Bhagwan Deochand Salve of Pimpalner Police Station seized the clothes i.e. petticoat and blouse having blood stains of the deceased and prepared panchanama. Thereafter, API Avahad arrested accused on the same day i.e. 06.09.2008 and seized the pant and full sleeve shirt on the person of the accused in presence of Panchas between 16.50 to 19.30 hours and since then the accused was in custody. Thereafter an axe was seized at the instance of accused in presence of panchas and separate panchanama was prepared. API Avhad recorded the statements of some witnesses including statement of Kanhaiyalal (PW-2) and others on the same day. So also, the statement under section 164 of Code of Criminal Procedure was recorded by JMFC, Sakri. Seized clothes of accused, th
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
