Decided on July 28,2017

Babu Mahadyaa Swami Appellant


S.S.SHINDE, J. - (1.) This Appeal is filed by the appellantaccused, challenging the judgment and order of conviction passed by the Adhoc Additional Sessions Judge, Gangakhed, dated 18th December, 2012 in S.T. No.03/2012, thereby convicting the appellant for the offence punishable under Section 302 of the Indian Penal Code and sentenced to suffer imprisonment for life and shall also pay fine of Rs.2000/ [Rs. Two Thousand only], in default to suffer R.I. for two months.
(2.) The prosecution case in nutshell is as under: A report was lodged by Virbhadra Shewalkar on 13th September, 2011, at Gangakhed Police Station, making allegations that accused Babu Swami had killed his wife Shivkanya, the sister of the informant. According to the informant, the marriage of his sister was performed with the accused prior to 8 years of the date of the incident. They had one son, namely Samadhan, who is residing with his grandmother at village Wadgaon. The accused and his wife Shivkanya [hereinafter referred as 'deceased'] were residing in rented house at Gangakhed. It was alleged that when the deceased used to visit her parental house, she used to make complaints that her husband is addicted to liquor, and used to make demand of money, and also used to beat her. Eight days prior to lodging of the FIR, she had come to the house of the informant, and made complaint against her husband. On 13th September, 2011, the informant received message from the neighbour of his sister that Shivkanya is dead, and her dead body is lying in a pool of blood in her house. The informant and his parents rushed to Gangakhed; they saw the dead body of the deceased in Civil Hospital, Gangakhed. The informant received information from the Police that the accused had given blows of stone crusher [khalbatta] on the head and face of his wife and killed her. It was also informed that after death of his wife, accused went to the Police Station, and made disclosure about the offence committed by him.
(3.) According to the prosecution case, the Police Head Constable, Mr. Jawale, was working as P.S.O. at Gangakhed Police Station. On 13th September, 2011, at about 6.30 hours, accused went to the Police Station, he told his name, place of residence and gave information that he has killed his wife. In order to ascertain the truth, the then P.S.O. and other Police Officers went to the spot, and found dead body of deceased lying in the pool of blood in the house of accused. The information was given immediately to the concerned Police Officers. They took the accused to his house, which was situated in Vetal Galli of Gangakhed. The PSI Mr.Lamture called panchas. After identification of dead body, the inquest panchnama was prepared, and the dead body was sent for postmortem. The brother of deceased lodged the complaint. On the basis of said complaint, crime was registered and PSI Mr.Lamture was entrusted the investigation of crime bearing No.169/2011. According to the Investigating Officer, the accused appeared before the Police Station, and gave confession that he had killed his wife. But he was shouting and talking irrelevant, so he was sent for medical examination to Sub District Hospital, Gangakhed, from where he was referred to Civil Hospital, Ambajogai, where his sister was taking care of accused. After receiving relevant papers of investigation, the Investigating Officer visited the spot of incident, prepared panchnama, seized the stone crusher lying on the spot, and the samples of cement lying on the ground floor were collected by him. He called photographer and obtained photographs of the dead body and situation on the spot. The Investigating Officer recorded the statements of the witnesses. The clothes of deceased were seized. The accused came to be arrested and his clothes were seized. All seized articles were sent to Forensic Laboratory at Aurangabad. The Investigating Officer collected necessary documents from the concerned Hospital. After collecting sufficient evidence, he filed chargesheet in the concerned Court. The offence being triable by the Court of Session, the case was committed as per Section 209 of the Criminal Procedure Code to the said Court. ;

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