J. A. PATIL, J. - (1.) THIS appeal by the original accused is directed against the order dt. 15th of April, 1994, passed by the Additional Sessions Judge, Hingoli, in Sessions Case No. 3/1994. Learned Judge convicted the accused of the offences punishable under Sections 302 and 201 of I. P. Code but sentenced him only on the first count to suffer imprisonment for life and to pay a fine of Rs. 1,000/- in default, to suffer further rigorous imprisonment for one year. No separate sentence was passed on the second count of the charge. Feeling aggrieved by the order of conviction and sentence passed against him, the accused has preferred this appeal.
(2.) THE prosecution case, in brief, is that PW No. 6 Laxman is a resident of village Santuk-pimpari, taluka Hingoli, dist. Parbhani. PW No. 10 Yamunabai is his wife and PW No. 1 Munja, who is the complainant, is his son. Laxman had two daughters, namely, Padmabai and Shobha, Padmabai is already married while marriage of Shobha was settled and it was scheduled to take place in a month or two after the incident. Shobha is the deceased in this case and at the time of her death she was around 13 years of age, she was studying in VIIth Standard. The accused is also a resident of the same village. He happens to be the son-in-law of Laxman's sister. The name of the wife of the accused was Pushpa. According to the prosecution, about three or four months prior to the incident in question, there was a quarrel between Pushpa and Yamunabai, P. W. no. 10.Thereafter Pushpa committed suicide in about a week. The accused nourished a grudge that because of the quarrel made by Yamunabai, his wife Pushpa committed suicide. On one occassion, it is alleged, the accused had even threatened to kill Yamunabai. It appears that, apprehending danger to the life of his wife, Laxman arranged to send Yamunabai to the house of her parents at village Pardi. On the date of the incident in question, Yamunabai was residing at Pardi. The incident in question took place on 2.7.1993, at about8. 30 a. m. On that day, deceased Shobha and her younger brother Munja, PW No. 1, both had gone to their land which is at a distance of one to two kms from the village. There is a cattle-shed. At that time, the accused, armed with an axe, was found present. On seeing Shobha, he asked her as to who had killed his wife. Shobha is said to have replied that Pushpa was not killed by them. It appears that the accused got enraged at the reply given by Shobha and immediately he gave a blow of axe on the head of Shobha, who fell down. Thereafter, the accused lifted Shobha and threw her upon heap of sticks of cotton plants, near the cattle-shed.
(3.) ON seeing this, Munja got scared and he ran towards the village. He disclosed the incident to the persons in the village. It appears that time his father Laxman was not present in the village Therefore, Munja was taken to the local Police Patil Datta Dipake, PW No. 9, to whom also he narrated the incident. The Police Patil, along with other villagers, came on the spot but did not find the accused. It was, however, noticed that the heap of sticks of cotton plants was on fire. It was also found that blood was lying under the Babool tree, near the cattle-shed. It appears that there was no water to put out the fire and the flames had leapt high. The Police Patil Datta Dipake, PW No. 9, thereafter took Munja with him to Hingoli Rural Police Station which is at a distance of about10kms from the village. Head Constable Shinde, PW 12, who was in charge of the Police Station at that time, recorded complaint Exh. 7 of Munja and registered Crime No. 130/1993 for the offence under Sections 302 and 201 of I. P. Code. The investigation of the case was taken up by PSI Dhere, PW 13, who immediately rushed to the spot. However, by that time, the body of Shobha was found completely burnt. It was taken out of the remnants of the burnt heap of the cotton sticks. On the basis of an earring, Laxman, PW 6, father of Shobha identified the body as being that of his daughter. It appears that it was not possible to remove the skeleton to Hingoli for the purpose of post mortem investigation. Therefore, Medical Officer Dr. Kamthikar, PW No. 5, was requested to visit the spot and perform the post mortem examination. Accordingly, on the same day, Dr. Kamthikar visited the spot but found that the body was totally burnt and was reduced to ashes. Dr. Kamthikar found some cracks on the parietal bone of the skeleton. Since the body was completely burnt, he found it difficult to give a definite opinion regarding the cause of death. However, collected the bones of the skeleton and sent the same to the Anatomy Department of the Medical College at Ambejogai. The said Department, later on, opined that the bones were of human-being, above the age of 16 years, but below the age of 20 years. However, no opinion could be given about the sex of the deceased. In the course of the investigation, the accused was arrested on the next day i. e. 3.7.1993. At the time of arrest, it was found that the baniyan which the accused was wearing had stains of blood. On the same day the accused is said to have laid discovery of an axe which was found kept in his house. The same was seized. It was found that on the blade of the axe there were stains of blood. All these articles were lateron sent to the Chemical Analyser. In due course, the investigation was completed and charge sheet came to be filed against the accused on 19.8.1993 in the court of Judicial Magistrate, First Class, Hingoli, who later on, committed the case for trial to the Sessions Court.;