Decided on February 03,2016

Hanmant Appellant


V.K. Tahilramani, C.J. - (1.) The appellant -original accused has preferred this Appeal against the Judgment and Order dated 28th April 2009 passed by the learned Sessions Judge, Raigad -Alibag, in Sessions Case No. 146 of 2008. By the said Judgment and Order, the learned Sessions Judge convicted the Appellant under Sec. 302 of IPC and sentenced him to suffer imprisonment for life and to pay fine of Rs.5,000/ -, in default to suffer further S.I. for six months.
(2.) The prosecution case briefly stated is as under : Deceased Shani @ Shanti was the wife of the appellant. PW -1 Kaluram was the brother of Shani. Shani was married with the appellant about 20 years prior to the incident. The appellant and Shani, along with their children, were residing in a hut near the hut of PW -1 Kaluram. The appellant was addicted to liquor. Under the influence of liquor, the appellant used to beat his wife Shani. Appellant was also suspecting that Shani has some illicit relations with some other person. Two to four days before the death of Shani, Shani met her brother PW -1 Kaluram and told him that her husband has severely beaten her. Shani further told Kaluram to hide her somewhere, where the appellant will not find her. Saguni, the cousin sister of Kaluram and Shani, was residing at Village Khanshi. Kaluram and Shani went to Khalapur Phata. There they met PW -2 Ramdas, who was the cousin brother of Kaluram and Shani. Ramdas told them that he was going to Village Khanshi to bring his wife. Kaluram then told Ramdas that the appellant had assaulted Shani and it was necessary to hide Shani somewhere, otherwise, the appellant would kill Shani. Then Kaluram, Shani and Ramdas went to Village Khanshi. On reaching Village Khanshi, Kaluram requested Saguni to keep Shani with her, as Shani's husband had severely beaten Shani. Kaluram told Saguni that he will come back after 3 -4 days and take Shani with him. Saguni then kept Khanshi. Then Kaluram, Ramdas and wife of Ramdas returned to their village i.e. Village Ghodivali. The house of Ramdas was also situated near the house of the appellant. Somehow the appellant came to know that Shani is at Village Khanshi. Hence, appellant went to Village Khanshi and brought Shani back. The appellant was suspecting that Ramdas had taken Shani. On this count, continuous quarrel was going on between Shani and the appellant.
(3.) On 10th March 2008, Shani told her mother -in -law PW -9 Rani to cook food and she will clean the hut. The appellant then came there. He had consumed liquor. Appellant gave call to Shani. Then Shani came inside the hut. Appellant asked Shani where she had gone. Shani told the appellant that she was doing the work of cleaning. Appellant then started asking Shani whether Ramdas had called her. Appellant then wanted to verify this fact. Hence, appellant and Shani, both, went to brick kiln, where Ramdas used to reside. Appellant asked PW -2 Ramdas why he had taken his wife Shani. Ramdas told the appellant that he had not taken his wife Shani, but she was taken by her brother Kaluram. Appellant did not accept the explanation given by Ramdas. Appellant had a scuffle with Ramdas. Appellant then slapped Ramdas. Thereafter, Appellant and Shani went away from the brick kiln. On the next day, i.e. 11th March 2008, the with Ramdas. In the evening, at about 6 to 7 pm, the appellant left the hut. While leaving the hut, he told his mother that he will kill Shani. Shani and appellant then came to the hut of Ramdas, which was situated at brick kiln. At that time, appellant had consumed liquor. Ramdas was frightened of the appellant. Hence he and his wife went and stood at some distance. After the appellant and Shani came near the hut of Ramdas, the appellant was abusing Ramdas in filthy language. Thereafter, the appellant and Shani went away. Thereafter Shani was not seen alive and her dead body was found early in the morning on the next day in the area known as 'Dhavada Mal'. Various injuries were seen all over the body of Shani. Thereafter F.I.R. was lodged. Thereafter investigation commenced. After completion of investigation, the Charge -Sheet came to be filed.;

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