MAROTI Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY this appeal, appellant/accused is challenging the judgment and order dated 23.7.2012, passed by the learned Additional Sessions Judge, Majalgaon, District Beed, in Sessions Case No. 11/2011 thereby convicting appellant/accused of the offence punishable under Section 302 of IPC and sentencing him to suffer rigorous imprisonment for life, apart from paying fine of Rs. 1,000/ -, in default to undergo simple imprisonment for a term of one month.

(2.) ACCORDING to prosecution case, appellant/accused married Vrandawani (since deceased) about 18 years prior to the incident of her alleged murder. The couple used to reside at Azad Nagar area of Majalgaon, District Beed. It is case of the prosecution that the accused was addicted to liquor and he was not doing any work. He used to remain idle. The accused used to demand money from his wife Vrandawani in order to satisfy his habit of drinking liquor. This conduct of the accused used to cause quarrel amongst the couple. According to the prosecution case, PW -1 Umesh Kamble is brother of Vrandawani. He used to reside in the neighbourhood. He alongwith neighbourers used to pacify the quarreling appellant/accused. According to the prosecution, at about 6.30 p.m. on 2.8.2010, appellant/accused quarreled with Vrandawani and PW -1 Umesh Kamble pacified appellant/accused. Thereafter, in the morning of 3.8.2010, appellant/accused started quarreling with Vrandawani. PW -1 Uttam heard noise of his quarrel and therefore, he immediately rushed to the house of his sister Vrandawani. He saw appellant/accused abusing Vrandawani. Then, in presence of PW -1 Umesh, appellant/accused gave a blow of an axe on the right portion of head of Vrandawani. Upon hearing shouts of PW -1 Umesh, PW -4 Navnath Dhayje and other neighbourers also rushed to the house of appellant/accused. Because of blow of an axe on her head, Vrandawani suffered bleeding injury and therefore, she was rushed to the civil Hospital Majalgaon. Subsequently, she was referred to civil Hospital Beed and thereafter, to the Civil Hospital Aurangabad, where, she died at about 4.00 p.m. of 3.8.2010 itself.

(3.) ROUTINE investigation followed. The spot was inspected in presence of panch witnesses and a quilt, two pillows and an axe stained with blood came to be seized from the spot. Statement of witnesses came to be recorded. The seized Muddemal property was sent for chemical analysis. According to the prosecution case, appellant/accused was absconding. He was arrested on 17.3.2011.