Decided on December 12,2017

Govind S/O Maneji Vaidya Appellant


T.V. Nalawade, J. - (1.) The appeal is filed against judgment and order of Sessions Case No. 68/2000, which was pending in the court of learned Additional Sessions Judge, Nanded. The Trial Court has convicted and sentenced the appellant for the offence punishable under section 302 of Indian Penal Code (hereinafter referred to as 'IPC' for short). The sentence of life imprisonment is given to him. Heard both the sides.
(2.) Deceased Yamunabai was daughter of Begaji Kawane, resident of Taroda, Tahsil Umarkhed, District Nanded. She was given in marriage to Deoba, real brother of present appellant. The deceased has left behind one daughter Sharayu and son, who is younger to Sharayu. Sharayu was aged about 8 years at the relevant time. The appellant was living in Joint Hindu Family with Deoba and his parents at Bhokar, District Nanded. The chargesheet was filed against the present appellant, Deoba and parents of appellant for the offences punishable under sections 498-A, 302 r/w. 34 of IPC. The present appellant and the other accused are acquitted of the offence punishable under section 498-A of IPC. In view of these circumstances, the evidence given as against the appellant only and only for the offence punishable under section 302 of IPC needs to be considered.
(3.) The incident took place on 28.2.2000 at about 8.00 a.m. in the house where the appellant was living with the deceased, Deoba and his parents, at Bhokar. In the morning Maneji, father of appellant had left home for some work, but, he was present at the station. Deoba was not at station. Accused Kewalbai, mother of appellant, Sharayu, younger brother of Sharayu and the deceased were at home. Sharayu was eating Bhakar (bread of Jawar) and she was also feeding to the younger brother. After eating some Bhakar, when Sharayu started drinking water from the container of the house by using her hands, Kewalbai became angry. Kewalbai thought that Sharayu ought to have used pot for taking water from the container. Due to that, Kewalbai scolded both Sharayu and the deceased. Due to scolding, Yamubai became angry with Sharayu as due to conduct of Sharayu she had received scolding. The deceased started giving slaps to Sharayu and then Kewalbai intervened to stop deceased from giving beating to Sharayu.;

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