VILAS MARUTI SUTAR Vs. STATE OF H P

JUDGEMENT

(1.) This appeal is directed against the order of the learned Sessions Judge, Solan, dated April 30, 1984, whereby the appellant Vilas Maruti Sutar (hereinafter called as the accused) convicted for the offence of murder under section 302 of the Indian Penal Code and sentenced to imprisonment for life simpliciter although it is mandatory requirement of law that in case of conviction the accused should have been ordered to pay fine as well.

(2.) The prosecution story is that that the accused belongs to village Hiralgey, Police Station Gadhinglaj District Kolahpur, State of Maharashtra. He had a wife named Main Tai who was the daughter of one Shanta Bai Shankar, resident of Gadhinglaj within the same police station. This Malu Tai was formerly married to one Mahadev Babu Bandreker resident of Ajra in the same area of Maharashtra but after sometime she left him and started living with the accused and later on she married the accused without even obtaining divorce from her previous husband which marriage was duly registered at their instance. The accused was in the service in the Indian Army and the said Malu Tai started living with him at various places of his posting. They were both living together while the accused was posted at Balgaon from where on the transfer of the accused to Solan his wife: Malu Tai also came with him to Solan. While serving in the Unit of 12th Bn. of Maharatha Light Infentory at Solan, District Solan, Himachal Pradesh, he was allotted a family quarter P. 19/5 where he started living with his wife Malu Tai from January 29, 1983.

(3.) While posted at Solan with his wife Malu Tai, the accused was granted annual leave w.e.f. June 6, 1983 till August 10, 1983. He was also granted free travelling warrant by rail from Solan to Kolhapur on June 3, 1983. He, later on, also obtained concessional travelling warrant for his wife Malu Tai on June 9, 1983. The accused, however, left Solan on annual leave on June 9, 1983 when he was all alone and went to his village in Maharashtra. Three or four days thereafter he went to the house of the mother of Malu Tai, Shanta Bai. Said Shanta Bai enquired from the accused as to why he had not brought Malu Tai with him. The accused told her that she (Malu Tai had got down from the train in Delhi while they were on their way, with the promise that she would come later on and that he was under the impression that she had come to her house by that time. He also made some demands from her in the shape of utensils and after holding out threats to her he took away his bicycle lying in the house of Shanta Bai despite her protests.