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2018 Supreme(Bom) 1436

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
S.S. SHINDE, V.K. JADHAV, JJ.
Baban S/o Padavi Pawara, - Appellant
Versus
The State of Maharashtra - Respondents
Criminal Appeal No.443 of 2013
Decided On : 27-07-2018

Advocates Appeared:
For the Petitioners:Mr. P.P. Khandagale Patil Advocate
For the Respondents: Mr. Y.G. Gujrathi, A.P.P.

Headnote:

Constitution Of India,1950 - Article-A - Indian Penal Code,1860 - Section 302 - Punishment - Injuries - Wife in house is daughter of accused who was also residing along with accused- Eight to ten days prior incident accused went at Nandurbar for doing mason work- However he accused came back at his house on Friday at influence of alcohol- During night hours accused had demanded money from his wife for consuming liquor but she refused to give money- On that count there was a quarrel between accused and his wife- accused started beating his wife by means of stick due to which his wife has sustained injury on her back stomach and head- who is daughter of deceased had seen alleged incident in house accused has caused injury to his wife by means of stick due to which his wife died in house itself accused had given threats to kill her accused has locked door of house from inside accused and his daughter were in house during night time- On next day during morning hours accused went outside house by saying to that he is going for natures call- But thereafter accused did not come in house – Held, Court has further observed that when accused has caused injury on vital part of body of deceased including head then it can be held that intention of accused was to kill deceased by means of stick- trial Court has further observed that act of accused would certainly cover trial Court has convicted Appellant/accused for offence punishable Section Code and sentenced him as afore-stated light of discussion herein above on independent and in-depth scrutiny of entire evidence we are of opinion that trial Court has considered all evidence brought on record in its proper perspective and recorded findings which are in consonance with evidence on record and convicted Appellant accused- conclusions reached by trial Court are in consonance with evidence brought on record by prosecution- There is no perversity as such Appellant that there was no intention on part Appellant to kill his wife and therefore offence would fall Section said submission deserves no consideration for simple reason that in absence of any explanation offered by Appellant which circumstances his wife died it is not possible to read mitigating circumstances in favour of Appellant- On contrary conduct of Appellant to run away from house after commission of offence clearly shows his involvement and intention in commission of offence- There are no mitigating circumstances to accept submission of counsel appearing for Appellant that Appellant had no intention to kill his wife- Further it is significant to note that assault is on vital parts of body - Appeal dismissed

JUDGMENT :

S.S. SHINDE, J.

1. This Appeal is directed against the Judgment and order dated 7th September, 2013, passed by the Additional Sessions Judge, Dhule in Sessions Case No.76 of 2012, thereby convicting the accused/Appellant Baban Padavi Pawara for the offence punishable under Section 302 of the Indian Penal Code (for short "I.P. Code") and sentencing him to suffer rigorous imprisonment for life and to pay fine of Rs.2,000/- ( Rupees Two Thousand), and in default of payment of fine, to suffer simple imprisonment for four months.

2. The prosecution case, in brief, is as under:

(A) The incident has occurred on 31st December, 2011, at about 10.00 p.m. to 11.00 p.m. in the house of the accused, situated in Shashtri Nagar, Boradi, Tq Shirpur. The accused is the husband of deceased Kavita. The accused was residing with his wife in the house. Arti is the daughter of accused, who was also residing along with accused. Eight to ten days prior to the incident, the accused went at Nandurbar for doing mason work. However, he accused came back at his house on Friday at about 3.00 p.m., under the influence of alcohol. During the night hours, the accused had demanded money from his wife for consuming liquor, but she refused to give money. On that count, there was a quarrel between the accused and his wife. The accused started beating his wife by means of stick, due to which his wife has sustained injury on her back, stomach and head. Arti, who is the daughter of the deceased, had seen the alleged incident in the house. The accused has caused injury to his wife by means of stick, due to which his wife died in the house itself. The accused had given threats to Arti to kill her. The accused has locked the door of the house from inside. The accused and his daughter Arti were in the house during the night time. On the next day, during morning hours, the accused went outside the house by saying to Arti that he is going for nature's call. But thereafter the accused did not come in the house.

(B) At about 5.30 a.m., the maternal uncle of Arti, namely Manohar Pawara came in the house. He has made inquiry with Arti about the incident, on which Arti has disclosed the said incident to him. On the same day, Manohar Pawara lodged report about the incident against the accused.

(C) On the report of the informant, Crime No.1 of 2012 punishable under Section 302 of the I.P. Code came to be registered against the accused. The inquest panchnama over the dead body of Kavita has been prepared in the presence of panchas. The clothes of the deceased has been seized under panchnama in the presence of panchas. The spot panchnama of the offence has been prepared in the presence of panchas by the concerned investigating officer. The stick used in the offence by the accused was lying on the spot. The concerned investigating officer has seized the said stick by preparing spot panchnama. The said stick has been deposited in the concerned police station by obtaining muddemal receipt to that effect. On the same day, the clothes of the deceased have also been deposited in the concerned police station by obtaining its receipt.

(D) The medical officer has carried out the postmortem examination over the dead body of Kavita. The accused was arrested on 2nd January, 2012, at about 5.20 p.m. in the alleged crime. On 4th March, 2012, the concerned investigating officer has shown the said stick used in the offence by the accused to medical officer. The medical officer has given his opinion that injuries caused to the deceased could be possible by means of the said stick and accordingly medical officer has given his opinion by issuing a letter to that effect. The statements of the witnesses have been recorded by the concerned investigating officer. After completion of investigation, the charge-sheet came to be filed against the accused. In due course, the case was committed to the Court of Sessions.

(E) A charge for the offence punishable under Section 302 of the I.P. Code was framed a























































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